Our key expert in the field of dispute resolution and arbitration and a PhD in Private International Law – Tsvetelina Dimitrova, is the author of the section “International Arbitration –…
With its final decision from 10.12.2019 on a complaint submitted by the National Association of Property Developers (NAPD) in administrative case №4067/2019, the Supreme Administrative Court cancelled the fee of BGN 0, 20/ 1 hour for 1 sq. m., introduced in the beginning of 2018 by a decision of the Sofia Municipal Council “for the temporary prohibition of entry for vehicles in some streets or parts of them in case of construction works or other private activities”.
According to the Supreme Administrative Court, the new fee for a service introduced by Sofia Municipality with Article 19b of Annex 12 to the Ordinance for Determining and Administering of Local Fees and Prices for Services, duplicates the fee provided in the same Ordinance by Article 30, paragraph 1, p. 2 for the use of sidewalks and streets or parts of them for construction sites, where there is a fee charged daily. The motives stated are significant in the long run as well, insofar if they are complied with, the municipality should not introduce fees that duplicate the fee paid by the builders for using parts of the streets when undergoing construction works.
The findings of the cassation instance are also of significant importance as they confirm the reasoning of the court of first instance that the service in question is not provided by law, and there is no possibility for the respective municipal council to introduce new local fees by a regulation.
The complaint is prepared and the procedural representation is provided by the team of “Georgiev, Todorov & Co” with the participation of our lawyer Miglena Peneva.