Dragomir & Asociatii Law Firm team coordinated by Alina Lefter Partner and Irinel Burian Managing associate, represented an important public authority in complex litigations, in the field of administrative litigation, having as object the partial annulment of the decisions approving the General Urban Plan (PUG) of Bucharest and ordering the municipality to re-classify the land so that the plaintiffs could benefit from the right to build.
The courts dismissed the claims, as:
- the purpose of PUG is not to regulate the urban situation of each individual land, but to determine the urban function of each area, taking into account the dominant profile
- there can be no perfect equivalence between the category of land subject to the tax or land registry regime and that of the town planning regulations, as they are different legal acts
- the inclusion of a land in the green spaces zone is not a disguised expropriation, so that private property rights are not infringed, being preserved with all its attributes, but the use of the land is conditional on compliance with the legal provisions on urban planning
- the procedure for amending the technical regime from PUG is governed by art 32 of Law 350/2001, the applicants are required to follow that procedure.
