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Watten i Sverige AB

Country/Territory
Sweden
Type of court
National - higher court
Date
Jun 27, 2014
Source
UNEP, InforMEA
Court name
Mark- och miljööverdomstolen
Seat of court
Stockholm
Reference number
M 1295-14
Language
Swedish
Subject
Legal questions
Keyword
Access-to-justice
Abstract

The case concerned litigation costs in environmental cases and the right to appeal of the County Administrative Board. The case in the lower court concerned conditions regarding fishways at the Fridafors power plant.

The County Administrative Board appealed a case to the Land and Environment Court of Appeal and meant that the case had to be tried because it was of importance for the clarification of the application of procedural environmental law.

The Land and Environment Court of Appeal stated that the County Administrative Board had a right to litigate even though the case was adjudicated based on the old Water Act (1918). The right to litigate is of a procedural nature, and therefore the new provision in the Environmental Code is applicable as procedural rules take effect immediately as the legislation comes into force even though previous legislation is applied regarding substantial matters.

Thus, the County Administrative Board was also reimbursed for their litigation costs by the adversary party.

Full text
M 1295-14.pdf