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Svenska Skogsplantor AB

Country/Territory
Sweden
Type of court
National - higher court
Date
May 17, 2006
Source
UNEP, InforMEA
Court name
Högsta Domstolen
Seat of court
Stockholm
Reference number
B3506-04
Language
Swedish
Subject
Waste & hazardous substances, Agricultural & rural development
Keyword
Resource/damage valuation
Abstract

The company Svenska Skogsplantor AB had been given a permit to use two kinds of pesticides for their field cultivation. The company, nevertheless, chose to utilise two other pesticides. The regional manager, J.N. was accused for the act as the responsible regional manager of environmental issues.

The Supreme Court found that J.N had been negligent in allowing other pesticides than the ones approved. The Supreme Court then moved to the question of whether the act was a minor offence or not. In accordance with chapter 29 section 11 of the Environmental Code, no penalty shall be imposed if the offence is minor. The Supreme Court concluded that the room for such an assessment it small and that in this case, the accused person had even sought a permit, the conditions of which were then disregarded. Therefore J.N. was liable for the offence.

Since the offence that J.N. was guilty of was not found in law, the Supreme Court concluded that he could not be sentenced to prison.  The second part of the judgment also touched upon the issue of offences derived from other sources than law.

Full text
B3506-04.pdf