The case concerned a power plant that was already operating, but required an environmental permit. In order to be granted such a permit, the effects of its emissions of sulphur and nitrogen on a Natura 2000 site needed to be assessed. The site was protected both under the Habitats Directive and the Birds Directive and it was 3,5 km away from the power plant at the closest point.

In a preliminary investigation, it was considered that the increase in production would not lead to a considerable increase in emissions. Even when considering the precautionary principle, the court concluded that the effects of the small increase in emissions of sulphur and nitrogen would be so marginal that no significant harmful effects would result for the nature protected in the area.