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Stora Enso Fine Paper AB

Country/Territory
Sweden
Type of court
National - higher court
Date
Dec 21, 2009
Source
UNEP, InforMEA
Court name
Miljööverdomstolen
Seat of court
Stockholm
Reference number
M2535-08
Language
Swedish
Subject
Waste & hazardous substances, Legal questions
Abstract

A company, Stora Enso Fine Paper AB, produced chemical wood pulp between 1914 and 1966. After the production was ceased in 1966, the same company constructed new facilities in the same area and started constructing particle boards until 1984. It was then revealed that the area was polluted and needed cleanup.

The Implementation legislation connected to the Environmental Code states that the provisions on environmental damage and after treatment shall be applied to environmentally hazardous activities that were operated after 30 June 1969. 

After a review of the technical evidence of the case, the Environmental Court of Appeal concluded that the pollution was a result of the production of chemical wood pulp, rather than the production of particle boards. The chemicals utilised and the pollution caused is different for the two processes. Thus the relevant environmentally hazardous activity had been operated before the relevant section of the Environmental Code entered into force in June 1969.

In conclusion, the company could not be made responsible for the after treatment of the polluted soil or other connected activities.

Full text
M2535-08.pdf