Lora Georgieva: It is worrying that the court’s interpretations are contrary to the EU Regulation and in favor of a private company

Lora Georgieva, ACF, about the court acts in the Kapitan Andreevo Case and the private company Eurolab 2011:

The Eurolab 2011 cases are assigned to panels of judges in which two of the three judges are the same. The composition is almost identical. All three panels include the President of the Court, Georgi Cholakov. Strangely, they are also decided at the same time. And they come out four working days after the cases were filed.

Абонирайте се за бюлетина на АКФ, за да научавате за най-новите ни разследвания и анализи:

С натискане на бутона потвърждавате, че сте запознати с Политиката ни за поверителност

This means that in four working days, these judges worked only on these cases. This is very unusual for the practice of the Supreme Administrative Court. Our concern is that the principle of random distribution of cases has been violated, and the time limits for their initiation and distribution have been violated, which raises serious questions.

The court’s ruling was worrying as Eurolab 2011 represents the importers. There is no way that they can decide which tomato crate to take down for inspection when they are the representatives of the importers. That would mean that they are the ones who determine the extent of the border controls. Which is in direct contravention of the EU Regulation, which says that controls shall be carried out without prior notification, based on risk, on a regular basis.

There is no way this can be complied with if the importer’s representative chooses which product to submit for control and which not.

It is worrying how the court interprets  contrary to the EU Regulation and in favor of a private company, enabling it to monopolize border phytosanitary controls and even to charge a state fee.

See the full interview here: https://www.facebook.com/tv1vaprosite/videos/3119120791733068