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Bulgarian Supreme Court Upholds Garbage Fee Formation in Sofia
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Bulgaria's Supreme Administrative Court (VAS) has conclusively upheld the existing principles of garbage fee calculation in Sofia. Photo by BGNES
Bulgaria's Supreme Administrative Court (VAS) has ultimately revoked the complaints of Civil Initiative "Justice" against the garbage fee calculation method deployed by the Sofia Municipality.
The decison of the three-judge panel of VAS, signed with one note of dissent, was published on November 18, the Bulgarian Telegraph Agency (BTA) reported.
The ruling is final and cannot be appealed.
Garbage fee in Bulgaria's capital is currently determined on the basis of the taxable value of a piece of property.
However, Bulgaria's Local Taxes and Fees Act (LTFA) provides that garbage fee should be determined on the basis of quantities of garbage disposed by the owner, and when they can not established, the municipalities can use the taxable value of the property.
This wording of the provision has allowed municipalities to disregard the option of garbage fee calculation on the basis of quantities of garbage disposed.
According to VAS' ruling, the ascertained technological impossibility to determine the volume of household waste generated by natural and legal persons, combined with the lack of of practicable alternatives to the existing fee formation principles, means that the contested norm does not contradict the law.
In August, Administrative Court Sofia City (ACSC) declared Sofia Municipality's method of calculating residential garbage fee illegal.
The lawsuit at the Sofia-based court was initiated by Civil Initiative "Justice", which insisted that "Garbage is generated by people, not properties, which makes it totally unjust to determine garbage fee on the basis of the taxable value of the property in question, not the garbage disposed".
The Sofia Municipality vowed to appeal the decision of ACSC before VAS.
Appart from that, Sofia Mayor Fandakova cautioned that amendments to the existing methods of calculation would result in a significant hike in garbage fee rates for Sofia citizens.
On July 04, the Bulgarian Commission for Protection against Discrimination issued a statement confirming that the garbage fee collection principles deployed in Sofia constituted a discriminatory practice due to the different criteria used for natural and legal persons.
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