Ecolex Logo
The gateway to
environmental law
Search results » Jurisprudence

Sotenäs Kommun

Country/Territory
Sweden
Type of court
National - higher court
Date
Jan 24, 2014
Source
UNEP, InforMEA
Court name
Mark- och miljööverdomstolen
Seat of court
Stockholm
Reference number
M 11799-13
Language
Swedish
Subject
Legal questions
Abstract

The appellant requested a stay of execution of a decision given regarding the demolition of a jetty that had been constructed without a permit. The Land and Environment Court affirmed the decision along with an injunction to apply for a permit in a judgment.

The appellant, Sotenäs kommun, appealed to the Land and Environment Court of Appeal and demanded that a stay of the execution should be made with regards to the injunction to demolish the jetty.

As a legal basis, the appellant referred to chapter 7, section 12 of “restvattenlagen” (1998:812) which built on older legislation that permitted stay of execution in cases like the present. However, the Land and Environment Court of Appeal stated that stay of execution normally requires an explicit legal basis.

The Land and Environment Court of Appeal concluded that there was no other legal basis supporting a stay of execution regarding the demolition of the jetty.

Full text
M 11799-13.pdf