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A new favorable solution obtained by the Dragomir & Asociatii Law Firm team in a complex case, with relevant rulings on expropriation for public utility

By 03/07/2023December 18th, 2023News

Our colleagues Irinel Burian and Raluca N. represented an important public authority in a complex #litigation , in the field of #administrativelaw litigation, concerning the annulment of the decision to initiate the expropriation procedure, as well as the preliminary #administrative operations, by which the #court, as inadmissible, the application for a writ of summons.

The court rejected the summons and held that the claimant cannot challenge the decision to initiate the #expropriation procedure but only the decision to set the amount of compensation, without infringing the access to justice.

The moment at which the claimant’s right of appeal arises under the Law no 255/2010 is after the expropriation procedure has been initiated when the compensation is determined, if the applicant does not consider that the compensation fully covers the damage caused.

The court ruled that the legality of the prior administrative operations cannot be verified, in the light of the provisions of Article 5 para. 2 of Law No 554/2004, which prohibits the legal challenge of administrative acts in respect of which the organic law provides for a different judicial procedure for their abolition or amendment.

Dragomir & Asociatii Law Firm obtained favorable solutions in expropriation disputes, having a value which exceeded EUR 40,000,000.