Verdict of administrative court concerning voivodship waste management plan issued in favor of SDZLEGAL SCHINDHELM’s Client
Voivodship Administrative Court in Rzeszów declared in verdict of 28 September 2017 that the resolution of Regional Assembly of Podkarpackie Voivodship of 5 January 2017 no XXXI/551/17 concerning Waste Management Plan for Podkarpackie Voivodship 2022 is partly null and void. The contested part concerned qualification of Client’s installation as substitute one, whereas it should be qualified as Regional Municipal Waste Treatment Installation.
The court in written rationale stated that the Regional Assembly competent to enact waste management plan (quote) “was (…) entitled to restrict freedom of running business” in matters of municipal waste treatment".
However, the court agreed to the argumentation put forward in complaint that (quote) “it does not mean that the Regional Assembly is entitled to arbitrarily decide, which existing installations are necessary and which may be omitted in the plan”.
The verdict is not final, but is is an important voice in the debate held in Poland about that how far voivodship legislature can affect waste management industry worth billion zlotys. It should be noted that omitting installation in the waste management plan or – as regard to the installations designed to mixed municipal waste – not qualifying them as regional installations – in practice means no municipal waste to be treated and, as consequence, necessity to liquidate the business or change its profile. The case was conducted by Mrs. Anna Specht-Schampera – Partner at SDZLEGAL SCHINDHELM and Mrs. Magdalena Przydróżna–Urbanowicz – legal advisor at SDZLEGAL SCHINDHELM.