BPV Grigorescu Stefanica has successfully represented the Municipality of Bucharest in a dispute with two private companies involving the failure by its General Council to approve a Zonal Urban Plan.
According to BPV Grigorescu Stefanica, the two private companies own a plot of land located in the Obor area of the Romanian capital. They claimed approximately EUR 5 million in damages arising from income allegedly lost as a result of the General Council's failure to issue a "Zonal Urban Plan" until 2015.
The Bucharest Mayoralty was represented by a BPV Grigorescu Stefanica team led by Partner Daniel Ștefanica and including, among others, Managing Associate Raluca Marcu and Senior Associate Șerban Dumitrescu.
“The case was challenging in terms of both the length of the dispute (it was initiated in 2012) and the required evidence," said Stefanica. "Thus, the expert opinions issued in this case had, mainly, the aim to determine the constructions that the owners could have built on the plot of land in 2011 as well as their most sensible business use. Finally, the calculation of the unearned income was made in relation to the income that the owners could have derived if they could have erected the buildings and used them at the best since 2011, and the income that they actually earned by exploiting the plot land. From another point of view, the court decision is relevant because it validates a line of thought in the administrative law: the public authority has the right to assess the opportunity of issuing an normative administrative act."