Successful representation of the Ministry of the Environment in a landmark court dispute
Ellex Raidla partner Martin Triipan represented the Ministry of the Environment in a landmark court dispute, in which the applicant objected the extraction permit that was issued in 2010 in order to extract mineral resources in Ihasalu sand quarry.
As by decision of the Supreme Court the permit issued by the Ministry of the Environment of mineral extraction remained in force and the notice of appeal was not accepted.
This court decision is interesting due to the fact that it explains the changes in addressing the administrative court that were made in the General Part of the Environmental Code Act. The Supreme Court notes that the situation has somewhat changed and the right of appeal has to be the approached somewhat differently than in the earlier practice of the Supreme Court. This probably raises additional questions on how the right of appeal to administrative court should apply, according to the new principles. How exactly it will affect the administration of justice becomes evident in judicial practice.
The Supreme Court's decision (in Estonian) is available here.