Protecting the interests of one of the leaders in the field of construction materials production, our specialists managed to cancel court decision on the invalidation of the auction on sale of a special subsoil use permit won by the regular customer of our firm.
The district administrative court studied the claim of one of possible bidders of the auction on sale of special subsoil use permits.
Defendants on the case were the Ministry of Environmental Protection, and State Geological Agency of Ukraine (now – State Geological and Subsoil Agency of Ukraine). Regular customer of our firm was involved in consideration of this case as the third person.
The claimant did not agree with the results of appealed auction on the ground that defendants failed to give personal notices to the business entities whose production activity is connected with the use of a kind of mineral resources contained within the subsoil area, the special permit for using which was put for auction, on the date and place of auction in violation of clause 5 of the Procedure of Holding Auctions On Sale of Special Subsoil Use Permits effective at that time.
The specialists of our firm during consideration of the case in the court of primary jurisdiction proved that the norms of effective law of Ukraine did not provide for personal notification, and governmental bodies obliged to organize and to hold the auction performed all necessary actions to inform the widest possible circle of interested business entities on the date and place of auction.
And though the court of primary jurisdiction made a decision in favour of the claimant and satisfied the claim, thanks to the efforts of specialists of our firm, illegal decision of the court of primary jurisdiction was cancelled at the stage of appeal, the claimant cancelled its claim, and proceedings in the case were closed.