Ybbarpsån Pays/Territoire Suède Type de cour Nationale - cour supérieure Date Oct 17, 2003 Source UNEP, InforMEA Nom du tribunal Miljööverdomstolen Siège de la cour Stockholm Numéro de référence M454-02 Langue Suédois Sujet Eau, Questions juridiques, Déchets et substances dangereuses Mot clé Accès-à-la-justice Résumé The company Perstorp Aktiebolag had sought a permit in accordance with the Environmental Protection Act (1969:387) to construct and run a factory manufacturing dendritic polymers in Perstorp municipality. The permit was granted by the Environmental Court, but was later appealed by an individual to the Environmental Court of Appeal.The appellant claimed to be affected by the decision and that she should have standing even though she lived by the same river, but 11-12 kilometres downstream from the planned factory. She meant that the operations of the factory would cause continual emissions of non-degradable pollutants, and that the distance from the factory to her property, therefore did not matter for determining whether she had standing. The appellant was also of the opinion that the standard analysis of the chemical substances present in the river was not enough to assess the impacts of the factory. Finally, she claimed that the factory could cause pollution to the drinking water used on her property.The Environmental Court of Appeal stated that the emissions of process wastewater into the river could affect a property 11-12 kilometres downstream as the wastewater contained substances that were not easily degradable and possibly harmful or even toxic to the environment. The appellant therefore had standing in the case.Regarding the material questions in the case, the Environmental Court of Appeal concluded that the permit should be granted. However, they meant that more extensive samples should be collected to assess the chemical substances in the river. The Court also meant that the regulatory authority should take measures to ensure that there was no harm to the water supply. Texte intégral M454-02.pdf