Lukoil Defeats Bulgaria in Court, License Restored
A Bulgarian court has stopped the preliminary execution of the two July 22 decisions of the Bulgarian Customs Agency suspending the tax warehouses operator license of Lukoil Neftochim.
The two lawsuits were opened after Lukoil lodged a claim, the press office of Administrative Court Sofia-City (ACSC) said in a statement Monday.
The court has ruled that there is sufficient evidence indicating that a preliminary execution will inflict substantial or hardly repairable damage to the claimant, pursuant to Art 166, Para 2 of the Administrative Procedure Code.
The conclusion has been reached on the grounds that the claimant is a licensed tax warehouse operator and is subject to a regime of deferred payment of excise duty.
Another decisive circumstance is the fact that claimant has been contracted to supply diesel fuel to Holding Bulgarian State Railways EAD and Sofia Public Transport Company EAD.
Apart from that, a letter from the Bulgarian Aviation Group has shown that there are no alternative sources for the supply of aviation fuel.
The court acts of ACSC can be appealed before the Supreme Administrative Court in seven days' time from their announcement to the parties.
The substantive examination of the two cases by ACSC has been scheduled for August 31, 09:00.
Bulgarian Customs Agency head Vanyo Tanov has stressed that ASCS has only moved to stop the preliminary execution of the decisions, which is not a pronouncement on the legality of the revoked licenses.
Tanov has vowed to appeal the stopped ASACS's acts before a superior court instance.
Lukoil Neftochim had its tax warehouse operator permits revoked due to its failure to install in due time the mandatory measuring devices allowing control over taxable fuel volumes released by the company on the market.
The step was officially backed by Bulgarian Prime Minister Boyko Borisov, who stressed that the observance of the law was above his personal friendship with Lukoil Bulgaria CEO Valentin Zlatev.
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