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KHO:2008:51

Country/Territory
Finland
Type of court
National - higher court
Date
Jul 4, 2008
Source
UNEP, InforMEA
Court name
Korkein hallinto-oikeus
Seat of court
Helsinki
Reference number
KHO:2008:51
Language
Finnish
Subject
Waste & hazardous substances, Legal questions
Keyword
Public participation Resource/damage valuation Access-to-justice
Abstract

A company applied for a permit to construct and run a facility for surface finishing in accordance with section 23 of the Act on the Safe Handling and Storage of Dangerous Chemicals and Explosives. The permit was granted by the Finnish Safety and Chemicals Agency, which was the responsible authority in the case.

 

The case before the court concerned whether or not an assessment would have to be made of the consequences that the placement of the facility would have for the area and the environment focusing on potential environmental damages and risks for humans and property.  The case furthermore concerned the right of an individual to appeal the permit decision to the court.

 

The court concluded that regardless of whether or not the company was required to apply for an environmental permit, there was still a need to assess the environmental consequences before issuing a permit. The court also determined that a permit for this kind of facility would also give rise for a right to concerned individuals to appeal the decision.

Full text
KHO-2008-51.pdf