In 2015, the government decided that parts of Ojnareskogen would become a Natura 2000 area.
The decision came to affect SMA Minerals' opportunities to expand its lime quarry in the area.
Therefore, the company had applied for damages from the state of just over SEK 3.6 billion, among other things for the lost revenue that the lime would have provided.
However, the Land and Environmental Court of Appeal at Nacka District Court does not consider that the company is entitled to damages.
In order to be able to obtain damages in this case, either the State would have claimed SMA Minerals' land, or restricted their use of the land.
This, according to the court, has not happened.
The court does not agree
At the time of the government's decision, SMA Mineral did not have a permit to mine lime at its lime quarry at Stucks in Bunge.
In short, the court thus considers that they are not entitled to damages because their ongoing activities were not affected by the Natura 2000 decision.
The court does not take into account that the company had an ongoing application for a new permit, which was then rejected.
"The Land and Environment Court thus makes the assessment that the right to compensation does not exist because SMA did not have to interrupt the extraction activities carried out on the property due to the Natura 2000 decision, nor was it authorized to continue such activities," the judgment states. .
However, two of the four persons in the court had a dissenting opinion.
They write:
“The Government's Natura 2000 decision resulted in the permit being revoked in accordance with the Land and Environmental Court's judgment in case M 463-08.
For the SMA, the Natura 2000 decision thus made the natural continuation of the activities conducted in the area for many years considerably more difficult.
The overall assessment is that SMA is entitled to compensation from the state and should not alone bear the financial burden that the Natura 2000 decision entailed. "
The verdict can be appealed no later than 11 May.