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Knauf Danogips GmbH Tyskland

Country/Territory
Sweden
Type of court
National - higher court
Date
Jun 18, 2009
Source
UNEP, InforMEA
Court name
Miljööverdomstolen
Seat of court
Stockholm
Reference number
M7933-08
Language
Swedish
Subject
Waste & hazardous substances, Water
Abstract

A company, Knauf Danogips GmbH Tyskland, was before the Environmental Court granted a permit to produce carton close to Göta älv  (the Göta River). However, it appealed the decision to the Environmental Court of Appeal as it was not satisfied with the conditions tied to the permit.

The contested conditions regarded emissions of COD (Chemical Oxygen Demand) from the production site into the river. The Environmental Court of Appeal had to consider how to structure the condition, at what level the conditions should be regulated and how large emissions that could be accepted.

Also the Environmental Court of Appeal was of the opinion that the permit should be granted. It moreover found that there was enough background information to make a final decision on the conditions for the emissions of organic material, measured as COD in the case.

Lastly, the Environmental Court of Appeal set a maximum limit for COD per month and highlighted the fact that the operator was already, as a result of conditions that were not appealed, bound to a system of self-regulation. The Environmental Court of Appeal also mentioned the sanctions applicable if the maximum limits were exceeded.

Full text
M7933-08.pdf