THE COURT RESTORES THE SUSPENDED LICENSE OF LUKOIL NEFTOHIM BURGAS. THE CUSTOMS AGENCY WILL APPEAL THE DECISION.
The Sofia City Administrative Court with Chairman Kamen Stoyanov cancelled yesterday the preliminary execution of the decision of the Head of the National Customs Agency Vanyo Tanov, which revoked the license of Lukoil Neftochim Bourgas. Managers from Lukoil told Klassa that the court's decision had granted full rights to the refinery to resume its operation. "This is the legal decision and the Customs Agency should reopen the factory," added the directors from Lukoil. According to them, there is no reason for the plant's business operations not to be resumed at full capacity.
After the announcement of the court's decision, Vanyo Tanov said that the Customs Agency will appeal the decision. The status quo remains until then. "Within seven days, we will file an appeal against the decision with the court of second instance. Lukoil is in the same situation as it was before the decision of the court. There is an annulment of a decision by the court which has not entered into force because the case has to be tried in two instances. It can enter into force after the ruling of the Supreme Administrative Court (SAC)," said Tanov.
According to lawyers, however, Lukoil will be able to resume operations until SAC rules to the contrary. Yesterday's ruling of the court did not specify whether the license has been suspended legally. The actual case on this issue will be tried on August 31. Yesterday, the court issued two statements with the same text but with two separate acts since Lukoil had two licenses and the company has filed two complaints against their withdrawal.
According to magistrates, it will be better for the company to have a license while it is dealing with the Customs Agency. Otherwise, Lukoil will suffer a "significant or irreparable damage." Magistrates came to this conclusion because of the company's contracts with the State Railways (BDZ) and Stolichen Avtotransport JSC (Sofia Bus Company). "Lukoil has contracts for fuel supply with both companies and if it does not fulfil them, it will have to pay penalties and suffer losses," stated judges in their motives.
Earlier yesterday, Lukoil managers announced that they will continue to supply the State Railways and the bosses from BDZ promised to pay the company's debt in instalments. The supplies for Stolichen Avtotransport are worth BGN 29. 343 mln and those to the Railways - BGN 100 mln