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Supreme Court of Denmark

Asphalt company not covered by EIA obligation 

Case no. 267/2011

Judgment delivered on 1 April 2014.

Tarco Vej A/S,
Tarco Ejendom nr. 1 ApS and
Munck Asfalt A/S
The Environmental Board of Appeal

Permanent permission for an asphalt company required an environmental impact assessment (EIA)

The asphalt company was established in 1971 at Svogerslev and has since been operated under temporary permissions. It requested that a planning basis be established for permanent operation at the site.

The main issue in the case was whether the Environmental Board of Appeal had justly concluded in a number of decisions that a permanent permission to operate the company could not be granted without a prior EIA screening or EIA, respectively, in accordance with the provisions of the Danish Planning Act.

The Supreme Court found no basis for setting aside the Environmental Board of Appeal's decision on the company's EIA obligation.

The High Court had reached the same conclusion.

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