Swedish
The case was started when Nordkalk AB applied for a permit to extract limestone in Gotland. The company also requested a permit for related water works and other related measures. The main environmental risk identified was threats to the Natura 2000 sites Bräntings haid and Bästeträsk. The sites were chosen in order to protect endangered species in the area and the sensitive swamp.
The Supreme Court confirmed that the assessment must fulfil strict criteria when future operations could affect the environment in a Natura 2000 site if a permit should be granted. The central question in this case was whether the requirements on the assessment were fulfilled in this case as the admissibility question and the permit questions had each been addressed in a separate judgment.
In order to fulfil the requirements of completeness, accuracy and validity of European Union legislation, the Supreme Court found that an overall assessment must be made of the circumstances in the case. This assessment should be made in connection to the permit procedure.
The Supreme Court concluded that the division of questions could not be seen as compatible with the chapter 7 of the Environmental Code and the Habitats Directive. The case was therefore remanded to the Environmental Court of Appeal.