Production under Art. 254, paragraph pol 2 of the Administrative Code / APC /. It was initiated by a private complaint of "Overseas-Horizon" AD,. Varna, opposite the Order 4871 / 03.21.2014 years. Given by Adm. case 516 / 2014god. pol the inventory of the Administrative Court - Varna, which rejected the company's request for termination of the actions of the Mayor of Varna and bodies Unit "Municipal Police" Varna control to enforce the ban on the movement of vehicles per lane network in "Saltanat" Seaside pol Park area "Seaside", Municipality of Varna. The order was given in a proceeding under Article 250 et seq. Of the APC and according to instructions given in the order 3740 from 18.03.2014g. Supreme Administrative pol Court delivered on administrative case 3012/2014.
The private complainant maintains that the disputed legal act is wrong and asks for its cancellation. Refers to the case formed in this legal question down definitions of the Supreme Administrative Court in cases 429 / 14 and 627 / '14 defendant did not comment. Private action is admissible as lodged within and proper country. Examined on the merits is partly justified. Production for the second time before the Supreme Administrative Court of cassation instance decision issued by administrative case 516 / 2014 inventory of the Administrative Court - Varna. pol By order 3740 / 18.03.14, on the administrative pol case 3012 / 2014 of the Supreme Administrative pol Court, instituted on a private complaint "Overseas-Horizon" AD,. Varna is canceled order 2599 / 02.12.2014 pol years. Delivered in the same case - Adm. case 516 / 2014god. the inventory of the Administrative Court - Varna and instead ordered to cease unconditionally the actions of the Mayor of Varna taking place in the city. Varna, "Saltanat" in terms of placement and holding of new traffic signs "B2" at the beginning of the road from the Boulevard. "Knyaz Boris I" to "Horizon" and before the checkpoint "Dolphinarium", the location of which is determined by the pattern of item 2 of it issued Order 4170 / 11.11.2013 pol yr. and Order 4171 / 11.11.2013 yr., it is ordered that the definition in this part subject to immediate execution by the police and stated copy of the order be sent to the Regional Directorate pol of the Ministry of Interior - Varna. The rest, by order 3740 / 18.03.14, pol on the administrative case 3012 / 2014
The Supreme Administrative Court has returned the case to the Administrative Court in Varna ordering additional order on the request of "Overseas-Horizon" AD,. Varna, protection against unreasonable control of the ban on traffic in the city of Seaside Park. Varna , "Saltanat" after clarification of "Overseas-Horizon" AD to the request that part. In the grounds of the order of the Supreme Administrative Court discussed that in the factual part of deposited before the Court a request of "Overseas-Horizon" AD includes actions in monitoring compliance with the ban on the movement carried out by officials of the Regional Directorate of the Ministry of Interior and of "Municipal Police" - Varna, while these actions are not listed as proposed form of order sought by the company. The Supreme Administrative Court has held that there is a conflict between whatsoever the relief sought and the circumstances of the request and that contradiction should pol have been removed from the court by taking due proceedings. Stated that the arbitration panel should have left the production pol without movement within designated by him short procedural deadline / consistent with the immediacy of protection pol / and give instructions to specify the request in this part by clearly specifying whether one wishes to suspend action officials from the Regional Directorate of the Interior Ministry and "Municipal Police" or action of the Mayor control to enforce the ban. Since not only that this is not done, but lacks the Court has ruled on the request for suspension of action pol on the control of officials of "Municipal Police", the Supreme Administrative pol Court returned the case to the Chamber of the Administrative Court, Varna down further order on the request of "Ovarsiyz- Horizon" AD,. Varna protection against unreasonable control of the ban on traffic in the city of Seaside Park. Varna, "Saltanat".
At a hearing after his return from the Supreme Administrative Court, the Court - Varna Administrative Court, according to the definition given in the Supreme Administrative Court directions by Order 1105 / 21.03.2014 was left without movement proceedings and instructed the "Overseas - Horizon "AD to specify clearly whether it wishes to suspend the actions of officials of the Regional Directorate of the Interior Ministry Varna and" Municipal Police "or action of the Mayor of Varna control pol to enforce the ban on the movement of vehicles per lane network in of the area of "Saltanat"
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