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COURT RULING PERMITS BULGARIA'S TRAKIA HIGHWAY CONCESSION
09:33 Tue 28 Mar 2006
 

The Supreme Administrative Court permitted the finalisation of the Trakia highway concession. Its decision rejects the request of the Prosecution for re-consideration of the procedure.

A consortium of Bulgarian and Portuguese companies was selected as the concession winner, mediapool.bg reported. The decision corresponds to all concession law requirements and thus the selection is legal, the court ruled out.

The court is limited in its decision, as a number of deal conditions remain outside its authority. It cannot interfere in matters concerning the signing of the agreement, execution of the terms and termination of the contract.

As a result of these regulations the court cannot terminate the normative act on the basis of it being unprofitable for the state. The court can interfere only if the agreement violates a specific legal regulation.

The decision can be appealed. According to the Prosecution the deal has been concluded without a transparent procedure or public tender and needs to be re-examined.

Democrats for Strong Bulgaria (DSB) said the court decision is illogical, as it confirms all European criticism of the Bulgarian judicial system.

According to mediapool.bg the biggest test for the Prosecution will be whether it will choose to appeal the decision.

Regional Development Minister Assen Gagauzov is in Italy and will comment on the court decision once he returns to the country.

 
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