The Supreme Administrative Court has dismissed the cassation appeal filed in respect of an approval of the construction project and granting of a building permit. This outcome, favourable for the Firm’s client, a real estate development company, upholds the judgement passed by the Provincial Administrative Court and decisions passed by architectural and construction administration bodies and confirms that actions taken by the Firm’s Client were legal. The Supreme Administrative Court accepted the legal interpretation presented by the Firm and the distinction between the notions of the “legal interest” and the “interest of third parties” used in Construction Law, as well as the interpretation of the notions “biologically active surface” and “storey”, both of which bear relevance to numerous real estate development investments. The Court has also confirmed the well-established (as submitted by the Firm) judiciary opinion that the allegation of the breach of art. 10 § 1 of the Administrative Procedure Code by the failure to notify the party of evidence gathering and possibility of making final statements and submitting final applications may be effective only if the alleging party shows that this negligence prohibited it from undertaking actions in legal proceedings which are in causal relationship with the outcome of the case.
File number: II OSK 2181/20