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KKO 4394/1997 AI generated

Supreme Court dismisses claim for fishing damage compensation due to factory wastewater discharge.

Case Number KKO 4394/1997
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court of Finland dismissed the plaintiff's claim for compensation regarding fishing damages caused by factory wastewater discharge. The plaintiff argued that the factory's waste water polluted the water body, harming fish stocks and thus the fishing industry. The court rejected the claim because the plaintiff failed to establish a direct causal link between the specific discharge and the alleged economic losses.

Legislator headnote

AI generated

Environmental Protection Act; Water Act: A claim for compensation for fishing damages resulting from wastewater discharge is dismissed if the plaintiff cannot prove a direct causal relationship between the discharge and the specific economic losses suffered.

Keywords

AI generated
fishing damage compensation wastewater discharge liability causal relationship proof environmental protection law economic loss assessment

Cited Legislation

AI generated
Environmental Protection Act 1996
Water Act 1966
AI generated
admin_1989_water-superior__219
Administrative court dismissed company appeal regarding non-overlapping compensation for fishing and property damage from wastewater discharge.
admin_1994_water-superior__132
Administrative court quashes decision due to procedural delay and remands for fresh examination of water damage claims.
kho-other_2014_1322
Supreme Administrative Court dismisses appeal against environmental permit for peat production due to adequate water treatment plans.
kko-other_2023_1772
Supreme Court dismisses appeal regarding environmental damage as a condition for granting extension of residence permit.
kho-other_2016_2631
Supreme Administrative Court dismisses appeal against environmental compensation for recreational area degradation due to wastewater discharge.

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Full text

Kysymys jakokunnan oikeudesta korvauksiin kalastukselle aiheutuneista vahingoista, jotka ovat aiheutuneet paperitehtaan jätevesien vesistöön johtamisesta.