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News from Members Victory for Stratulat Albulescu dispute resolution department. The General Mayor of Bucharest was finned and obliged to pay penalties for not enforcing a final court ruling

Victory for Stratulat Albulescu dispute resolution department. The General Mayor of Bucharest was finned and obliged to pay penalties for not enforcing a final court ruling

by Stratulat Albulescu March 25, 2024

Website www.saa.ro

Following a lawsuit that lasted about 2 years, SAA dispute resolution team obtained the order of the General Mayor to introduce an Urban Zonal Plan (PUZ) on the agenda of the General Council of the Municipality of Bucharest (“GCMB”). As the Mayor did not voluntarily comply with this obligation and there were several meetings of GCMB without the PUZ being placed on the agenda, we have asked the court to sanction of the passivity of the General Mayor who deliberately chose not to enforce a final and binding court ruling.

The Bucharest Tribunal upheld the court claim lodged by SAA dispute resolution team on behalf of its client, a real estate developer, and ordered the General Mayor to pay a (i) fine of 20% of the gross minimum wage per day of delay plus (ii) penalties of RON 500/day of delay until the enforcement of the final court ruling establishing his obligation to put the PUZ on the agenda of the GCMB.

The court ruling is one of the first court rulings in this sense.

The Stratulat Albulescu team advising on the matter was led by Partner Adriana Dobre and also included Senior Associate Mihai Iorga and Associate Razvan Ticu.

SAA's litigation team coordinated by Adriana Dobre handles numerous urban planning disputes. By way of example, SAA's lawyers represent real estate developers in disputes concerning cancellation of building permits, annulment and suspension of coordinating PUZs, obligations to act (introducing of PUZs on the agenda of CGMB, issuance of building permits, issuance of planning certificate), partial cancellation/updating of PUGs, fines to the Mayor, award of damages, following abuses by public authorities.

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