March 20, 2013
Court has fully satisfied the claim of Ventspils Grain Terminal against the Ventspils City Council
The Administrative Appellate Court has fully satisfied the claim of Joint Stock Company (JSC) „Ventspils Grain Terminal” and repealed the decision of the Ventspils City Council, with which it refused JSC „Ventspils Grain Terminal” permission to build nine additional grain containers in the Ventspils port area, which is one of Latvia’s major ports. The Court has also imposed the obligation for the Ventspils City Council to accept the said construction project of JSC „Ventspils Grain Terminal” and issue a building permit.
The Court has concluded that by refusing to allow the construction project the Ventspils City Council has failed to take into consideration substantial factors and, by not verifying the substantiality of the claims brought by society, used its discretionary powers incorrectly, hence resulting in an incomplete evaluation resulting in an incorrect decision, which must be repealed.
Contrary to the arguments stated in the appealed decision of the Ventspils City Council for the refusal of the construction project, the Court recognized that the said construction project shall not cause a substantial increase in air or noise pollution, in comparison with the current situation, and the Court had no grounds to presume, that the construction project will, in fact, affect the environment in such a negative manner, that the project must not be approved because of environmental concerns. In addition, because the grain terminal is already operational, there was the possibility to objectively assess the effects caused by such a construction project.
JSC „Ventspils Grain Terminal” was successfully represented in this matter by SKA partners Arturs Spigulis and Ieva Azanda.