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KHO:2013:38

Country/Territory
Finland
Type of court
National - higher court
Date
Mar 7, 2013
Source
UNEP, InforMEA
Court name
Korkein hallinto-oikeus
Seat of court
Helsinki
Reference number
KHO:2013:38
Language
Finnish
Subject
Legal questions
Keyword
Public participation Access-to-justice
Abstract

The case concerned a local organisation for environmental protection and its right to appeal a decision from the Centre for Economic Development, Transport and the Environment. The decision in question was to limit a previous decision on a reduction of cross-country traffic, which had been based on section 12 of the Cross-Country Traffic Act.

 

The Cross-Country Traffic act did not contain any provisions on the right to appeal in relation to this kind of decision. However, the provision in section 12 is close to that of section 9. Therefore, the Supreme Administrative Court concluded that the procedure of that provision would apply. This means that an organisation would have the right to appeal if its purpose was of such a nature that it could be considered affected or concerned by the decision. This was the case and the organisation had the right to appeal the case.

Full text
KHO-2013-38.pdf