Finnish
The case concerned the construction of a power plant with a reservoir and dam in Vuotos and connected water level management. It garnered attention from the European Commission, which meant that parts of the area should have been designated as a special protection area under the natura 2000. The Water Court of North Finland was of the opinion that the construction of the dam and the management of the water level was in line with the requirements of the Water Act and should therefore be granted a permit.
The Administrative Court of Vasa set aside the decision and rejected the application for a permit. The motivation was that the project, after a full assessment, would cause substantial and extensive harmful changes in the surrounding nature and waters as well as their functions.
The Supreme Administrative Court meant that the effects of the project would be considerable, extensive and harmful changes to the surrounding nature and it’s functions. This was foremost because the consequences of the construction would be profound and long lasting. Thus the Supreme Administrative Court upheld the judgment of the Administrative Court on the ground of Chapter 2 Section 5 of the Water Act. Hence, a weighing of interests in accordance with Chapter 2 Section 6 was not necessary.