A company associated with the Mayor of Varna has been ordered to pay BGN 400 thousand for the use of parts of state terrains

The Varna Court of Appeal has sentenced the company « Oversite-Horizont », related to the Mayor of Varna Blagomir Kotsev to hand over to the Municipality widespread by the court. The name of the convicted company is not mentioned. The amount to be paid is the costs saved by Overtise -Horizont for the use of state -owned property at different periods between 30 August 2018 and August 30, 2023. The open bar facilities are located on the properties in question.

As a second instance, the Varna Court of Appeal upheld the District Court's decision « in the parts with which the claims were rejected for the transfer of the real parts of the properties occupied by the movable sites and the necessary for the use of compensation in the amount of BGN 416 47.80. »

The proceedings before the Court of Appeal was instituted on complaints of the State, represented by the Regional Ministry, through the Regional Governor of Varna District and of the Municipality of Varna. The properties in question are privately owned by the state of the municipality for a grant in 2016. From 30 August 2018. By 30 August 2023

10 Movent Wear and Trade facilities

on the grounds. Forensic expertise has found that in addition to the above sites and facilities, there is an additional commercial area and elements of the technical infrastructure, it reads in the reasons for the court's decision.

In his application, Varna Municipality (represented at that time by the former mayor of the city Ivan Portnih (GERB)) claims that the use of the properties unjustifiably enriched the defendant because he did not have a bond with the owner of the property and his consent. He also used the properties as a whole, not just the parts in which the movable objects are located.

« As a result, the municipality was deprived of the opportunity to exercise factual power over them and to extract

their civil fruits

And the defendant has saved the rent he should pay, « the court said.

For this reason, the administration of the former Mayor of Varna has insisted that the Overcase-Haircator be ordered to convey possession of the property and to pay her compensation for their use without reason. For its part, the state, through the governor, stated that the claims should be upheld.

According to the representatives of the Overtise-Horizont, the company used the properties according to the permit for the placement of the movable sites and in accordance with the adopted scheme for the installation, approved and coordinated with the municipality and the regional administration.

However, the Court of Appeal in Varna found that during the trial period the responding company was a holder exercising factual power over the two properties. For the period August 30, 2018-January 17, 2022. The use is without justification, writes in the court decision. On January 18, 2022. The chief architect of Varna has issued a permission to place 10 movable sites and facilities to the Oversite-Harizont.

The deployment scheme was approved

by the Expert Council for Spatial Planning, agreed with the Chief Architect of the Municipality and with the Regional Governor.

The owner of the real estate – the state and the municipality to which they are granted for management and management, have not exercised their right to appeal this administrative act.

The court found that at the moment, the « Oversite -Haracon » is holding the movable objects on state property on the basis of a valid and enforceable administrative act – a permit for placement of movable objects on the landed properties. The permission thus issued under the Black Sea Coast Act does not provide for fees for the installation of the facilities. But the area outside the movable sites and the necessary for their use is used by the defendant without reason, the court said. It is for her that the compensation of nearly BGN 400 thousand is due.

This amount is determined on the basis of an average monthly market rent indicated by experts. It is due together with the statutory interest from the date of filing the application. The decision is subject to appeal before the Supreme Court of Cassation.

« Oversies-Horizont » is owned by Evelina Kotseva, the mother of the current mayor of Varna Blagomir Kotsev. Until 2022 he was the manager of the company.