EGGER Group statement on verdict of the Voivodeship Administrative Court in Olsztyn
With reference to the EGGER Group's statement issued on February 5th, 2018 regarding the judgment of the Voivodeship Administrative Court in Olsztyn, we would like to inform, that it has been prepared on the basis of legal opinion developed by the law firm providing long-term legal advice to EGGER Biskupiec sp. o.o. and on the basis of legal opinions prepared by recognized authorities in the field of administrative and civil law. The full content of the professorial opinions has been provided to the competent authorities. The verdict of the Voivodeship Administrative Court in Olsztyn does not apply to building permit. The judgment concerns the voivode's resolution, which is a formal decision. The resolution is unsuitable and it does not give rise to any rights, nor does it impose obligations. At the same time, we would like to state that on February 22nd, 2018
the investor filed a cassation complaint to the Supreme Administrative Court and awaits the hearing. Therefore, court proceedings regarding the above-described formal issue have not been validly concluded.
All of the obtained opinions clearly indicate that the building permit issued for Horizont Project Development Sp. z o. o. (currently EGGER Biskupiec Sp. z o. o.) has not lost the attribute of finality and the feasibility of building permit has not been halted. The investor still has the right to continue construction works, because the judgment of the Voivodeship Administrative Court is not binding. At the same time, opinions state that the provision of Article 152 § 1 of the Proceedings before the Admission Courts does not apply to the decision, which is a subject of the VAC verdict or to the building permit.
The legal opinions obtained by EGGER make it clear that EGGER Biskupiec Sp. z o. o. may continue construction work.
EGGER Biskupiec Sp. z o. o.