Original language

Swedish

Country
Sweden
Date of text
Type of court
National - higher court
Sources
Court name
Högsta Domstolen
Seat of court
Stockholm
Reference number
O517-11
Tagging
Permits, Standing
Free tags
Legal questions
Files
Abstract

The company, Nordkalk AB, applied for a permit to extract limestone in Gotland. The organisation Bevara Ojnareskogen had comments on the application. The Environmental Court rejected the application and the case was appealed to the Environmental Court of Appeal. The judgment from the Environmental Court was overruled, and a permit granted. Conditions for the permit were also given.

The organisation, Bevara Ojnareskogen appealed the case to the Supreme Court but was not given a review permit. Then, the organisation petitioned for a new trial, alternatively claimed a grave procedural error. Both claims were contested by Nordkalk AB. The organisation meant that the case was built on a study by Geological Survey of Sweden and that the employee conducting the study had also been a consultant to Nordkalk AB. Therefore, they meant, there was a conflict of interest.

The Supreme Court stated that the organisation did fulfil the criteria in chapter 16 section 13 and therefore had standing to appeal the judgment by the Environmental Court of Appeal. However, in order to have a new trial, there has to be an indication of the new circumstances changing the outcome of the case. The Supreme Court did not find that the organisation Bevara Ojnareskogen had shown the existence of such circumstances.