The case concerned regulations given in relation to environmental permits. These can be given in accordance with section 43 of the Environmental Protection Act. The first paragraph of the provision establishes in what cases regulations can be given and what functions they can have. Paragraph 3 contains instructions for the licensing authority on what to consider when issuing such conditions and regulations.
The question in the case was whether or not regulations and conditions in accordance with section 43 of the Environmental Protection Act could be given concerning the use of energy. The court stressed that such a regulation could only be issued if the second paragraph of the provision was applicable. The provision was interpreted in the light of the IPPC Directive, but the court was still of the opinion that conditions on the use of energy could not be included under paragraph 1 of section 43.
Including a regulation of the use of energy in an environmental permit would therefore not be compatible with the Environmental Protection Act and the regulation would have to be annulled.