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KHO:2011:15

País/Territorio
Finlandia
Tipo de la corte
Nacional - corte superior
Fecha
Feb 15, 2011
Fuente
UNEP, InforMEA
Nombre del tribunal
Korkein hallinto-oikeus
Sede de la corte
Helsinki
Número de referencia
KHO:2011:15
Idioma
Finés
Materia
Cuestiones jurídicas, Desechos y sustancias peligrosas
Palabra clave
Valoración del daño/recurso
Resumen

A regional environment centre in Finland had first entered a company into the waste data register in accordance with the Waste Act, but then revoked its decision. A central question in the case was whether the revocation was to be seen as an administrative measure or a criminal sanction. The court concluded that the revocation had the nature of an administrative measure.

 

The court also assessed whether it was a correct measure to cancel the decision to accept the company in the waste data register. Section 50a(2) of the Waste Act stipulates that acceptance for entry can be cancelled if any of the significant conditions for entry are no longer fulfilled or if the provisions have been violated, causing material hazard or harm to health or the environment. The court meant that it was clear that the company had not run its operations in accordance with environmental law and the Waste Act in particular. The shortcomings had been substantial and to some extent systematic. The information available to the regulatory authority showed that the operations of the company caused the kind of material hazard or harm to the environment that Section 50a(2) of the Waste Act wants to combat.

 

The court concluded that the regional environment centre had been right to cancel the acceptance for entry into the waste data register. The court also stated that the decision was not violating the proportionality principle.

Texto completo
KHO-2011-15.pdf