In its decision, Tallinn Circuit Court emphasized that the issue is matter of national security.

The dispute concerns Estonian government orders to expand the EDF's Nursipalu training area on the basis of an exception to the Weapons Act, without carrying out a special national planning procedure.

Tallinn Administrative Court had previously taken the view that the government could not rely on this exemption as not all the required conditions had been met.

The Administrative Court ruled that there was insufficient justification to conclude that the planning procedure would cause a delay leading to an increase in the threat to Estonia's national security. However, Tallinn Circuit Court disagreed with the Administrative Court's verdict.

The Circuit Court emphasized that the issue is a matter of national security, whereby very important legal interests are at stake (the sovereignty and independence of Estonian the state, the integrity of its territory and the constitutional order). The Circuit Court agreed that there was a likelihood of damage to national defense, i.e., a security threat, and found that the government's orders sufficiently described the potential time saved by not going through the usual planning process.

The Circuit Court did not resolve the dispute definitively, instead referring the case back to the Administrative Court. The Circuit Court found that the Administrative Court had essentially only examined whether the government's orders complied with the Weapons Act in its decision but failed to assess several other important arguments and issues raised by the appellants.

The Circuit Court noted that at this stage, it would be premature to resolve any constitutional issues before the infringement of the appellants' rights and the remaining disputed arguments had been clearly assessed.

The Circuit Court also did not consider it appropriate to examine these issues itself first in order to ensure the functioning of Estonia's three-tier court system and that the parties to the proceedings are able to exercise their full right to appeal. Therefore, the case was sent back to Tallinn Administrative Court for a new hearing.

The decision is not yet final and may still be appealed to the Supreme Court.

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