Administrative Court - Varna ruled on 12 administrative cases (Nos. 2388, 2389, 2390, 2391, 2392, 2393, 2397, 2401, 2402, 2407, 2414 and 2415/2026), filed upon complaints by “Forest Club Varna“ OOD and “Venedict 02“ EOOD against orders issued by the Mayor of Varna Municipality.
The contested orders ordered the removal of 12 multi-family residential buildings (containing over 40 apartments) in the area “Koru Chair“ (K.K. „Chaika“), Varna.
The court rulings annul the permitted preliminary execution of the orders, which eliminates the possibility of the forced removal of the buildings before the final resolution of the dispute on the merits.
In its reasoning, the court indicates that according to Art. 60, para. 2 of the Administrative Procedure Code (APC), the preliminary execution order must be motivated by its issuer. In this specific case, the administrative body has not set forth reasons for the permitted preliminary execution and has not proven the existence of the legal prerequisites under Art. 60, para. 1 of the APC. The lack of reasons invalidates the act and is an independent ground for annulment of the ordered preliminary enforcement, as it deprives the court of the opportunity to verify whether the legal prerequisites for its admission are present.
The determinations are subject to appeal with private complaints before the Supreme Administrative Court of the Republic of Bulgaria within 7 days of their notification.