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Ronneby Petrol Leak

Country/Territory
Sweden
Type of court
National - higher court
Date
Mar 30, 2011
Source
UNEP, InforMEA
Court name
Högsta Domstolen
Seat of court
Stockholm
Reference number
B1667-10
Language
Swedish
Subject
Environment gen.
Keyword
Resource/damage valuation
Abstract

An individual, T.M., had, when stopping at a service station to refuel, caused 350 litres of petrol to be spilled on the ground. Typically, this type of petrol leak could cause substantial harm to the health of humans, animals and plants. Though the actions before the lower courts lead to acquittals, the prosecutor appealed the case to the Supreme Court claiming that T.M. was guilty of environmental offence in accordance with chapter 29 section 1 of the Environmental Code.

The Supreme Court argued that it was clear that the leak was caused by an admittance valve being left open. Although it was not clear that this was caused by the negligence of T.M., the Supreme Court found that it was a negligent act to not oversee the refuelling. If T.M. had given some attention to the process a large amount of the leak of petrol could have been avoided.

The fact that T.M. took measures to minimize the damage was not a mitigating factor as the measures were taken first after the offence was committed. The actions however were a mitigating factor when deciding on the sanction imposed.

Full text
B1667-10.pdf