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SDZLEGAL Schindhelm

The precedent Supreme Administrative Court’s judgment for the waste management industry

Today (04. Oct. 2018) the SAC dismissed the cassation complaint of the Subcarpathian Voivodeship’s authorities filed against the verdict of the Voivodship Administrative Court in Rzeszów (ref.: II SA / Rz 519/17). The Court in the said judgment annulled the "Waste Management Plan for the Subcarpathian Voivodeship 2022" – in the scope where that authority did not include the installation of mechanical and biological municipal waste management of the private entity, Client of SDZLEGAL SCHINDHELM, as a regional installation. Only installations included in the plan have access to the market and public funding. The verbal motives of the decision show that the Supreme Administrative Court shared the arguments presented in the case by lawyers from SDZLEGAL SCHINDHELM – attorney-at-law Magdalena Przydróżna-Urbanowicz and attorney-at-law Anna Specht-Schampera, Partner at SDZLEGAL SCHINDHELM.

The Supreme Administrative Court confirmed that the Voivodeship’s authorities do not have complete freedom in determining which installations should obtain that status and in this respect are subject to real control by administrative courts.