Administrative Court postpones the execution of Ministry’s Decision on RDF/SRF incineration
According to the Law on Administrative Disputes, the Prosecutor, or in other words, Association for Nature, Environment and Sustainable Development Sunce has filed a lawsuit against the Decision of the Ministry of Environment and Nature Protection for Receiving, Temporary Storage and Firing of Solid Fuel from RDF / SRF Waste at St. Juraj and Sv. Kajo and demanded the Court to decide on the postponing effect of the lawsuit.
Today, 06.11.2014. the Sunce Association received a decision of the Administrative Court in which it resolved to postpone the execution of the decisions of the defendant of the Ministry of Environment and Nature Protection until the final completion of this administrative dispute.
In practice, this means that CEMEX d.o.o. will not be able to commence the operations of Receiving, Temporary Storage and Firing of Solid Fuel from RDF / SRF Waste at St. Juraj and Sv. because the Ministry’s decision is in the Environmental Impact Assessment procedure which establishes a certain intervention as environmentally acceptable and is the basis for starting the actions of a particular project.
The lawsuit does not generally have a delayed effect. However, the court may decide that the lawsuit has a delaying effect if, by the execution of an individual decision, in this case, the decisions of the Ministry of Environment and Nature Protection in which it was established that the Receiving, Temporary Storage and Firing of Solid Fuel from RDF / SRF waste at St. Juraj and Sv. Kajo is environmentally friendly, causing the plaintiff to suffer damage that could be difficult to repair, and the delay is not against the public interest.
Once a court decides to delay the execution of a decision it means that the solution in question continues to exist in the same scope, it does not have any effect until the administrative dispute is finalized. Thus, by this action, the Administrative Court did not rule on the lawfulness of the decision, but merely took a measure of precautionary action until a legally binding decision was found to determine the legality of the decision.