decision

Mihkel Undrest vs. Government of Estonia - decision

Litigation

Sabin

Sabin Litigation

Filing Year For Action

In 2022, the Government of Estonia imposed a thematic maritime planning which broadly determines areas suitable for the development of wind parks and lays down the general principles and parameters for wind parks in those areas. Mihkel Undrest, a resident whose land on the coast is about 11 kilometres from where the closest wind turbines could be constructed, filed a complaint to the Tallinn Administrative Court and requested the annulment of the planning insofar as it restricts his right to enjoy his home and the right to property.

The Tallinn Administrative Court returned the complaint to the plaintiff owing to a lack of locus standi. The plaintiff appealed the decision to the Tallinn Circuit Court which rejected the appeal. 

The Supreme Court of Estonia considered the appeal and rejected it, but amended the arguments of the courts of lower instances. The Supreme Court ruled that a very broad planning such as the one in question can interfere with a person’s rights and therefore give locus standi, but the Court did not detect a breach of rights in this case. The Court also stated that for a person to claim that wind turbines breach their rights, the wind turbines must be in their immediate vicinity and that a distance of more than 10 kilometres does not amount to it. Additionally, the breach of rights must be greater than merely theoretical. 