The Supreme Court had to determine whether or not the Environmental Court of Appeal had been obliged to request a preliminary ruling from the Court of Justice of the European Union.

The case at hand concerned a permit for the deposit of waste in a landfill. A permit was given to the municipality of Gotland by the County Administrative Board with the condition that the municipality had to provide a security of six million SEK to make sure that the obligations regarding cleanup and after treatment were fulfilled.

Gotland municipality appealed the case up to the Environmental Court of Appeal and claimed that a condition like the one set was contrary to the Landfill Directive  (1999/31/EG). The municipality demanded that the Environmental Court of Appeal should request a preliminary ruling from the Court of Justice of the European Union. The municipality was, however, not given a leave to appeal.

In the case before the Supreme Court, it concluded that the national law was in this case obviously in line with the Landfill Directive, and that the Environmental Court of Appeal had not had an obligation to request a preliminary ruling from the Court of Justice. The appeal was therefore rejected.