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The court will decide the dispute concerning the Infrastructure of Sunny Beach

Nessebar municipality claimed for the alleys of the resort


The dispute concerning the infrastructure of the resort `Sunny Beach` expands, after Municipality Nessebar joined it legally too. The local administration surprisingly asked full ownership over the alleys, on the eve of the new summer season. To the management of the state-owned company `Sunny Beach` JSC has been sent a Notary Notice to transfer gratuitous in favor of the municipality the whole green system, alleys, parking lots, public areas, technical infrastructure, pedestrian and bicycle alleys and etc. public property. The term of the Notice is one month and expires exactly on 3rd of March. This creates enormous pressure and puts the preparation for the upcoming season at risk.

At the beginning of last season, the tourists and guests of Sunny Beach witnessed ugly scenes of protests by hoteliers and taxi drivers who wanted the government to give up the infrastructure and thus to exempt them from the fee for maintenance and establishment of order and rules for the movement on the alleys. Until the sending of the Notary Notice, Municipality Nessebar has declared right the opposite position. The Mayor Nikolay Dimitrov previously officially stated that the municipality does not want the disputable property, because it would only cause additional costs and obligations for the municipality. The change of the standpoint was consistent with the interests of the private hoteliers, some of which are councilors in Nessebar.

The Board of Directors of `Sunny Beach` JSC send in response its well-grounded opinion concerning the claims preferred. According to their opinion, the request of Nessebar Municipality for free gratuitous transfer of the landed properties is contrary to the law. `Sunny Beach` JSC is the owner of these areas under the State Property Act, the Act for transformation and privatization of state and municipal enterprises, conducted regulation of private roads by virtue of the Law of the Roads Act,  being ALLEYS, representation in the Land Registry to the Cadastre as the owner and others. The Ownership of the public company over the infrastructure build is indisputable and documentary proven. These are very expensive assets of the public property, constructed by the means of the whole Bulgarian society. Furthermore, these assets are an essential tool for the trade activities of the company and it is responsible for them before the Shareholders /respectively the state and the minority owners/. The management and the shareholders of `Sunny Beach` JSC as well as the principal in the person of the Bulgarian state, have no intention, nor they consider appropriate, the transmission of the infrastructure of the biggest Bulgarian resort.

Even now Nessebar municipality is responsible for everything that happens within Sunny Beach resort, as illegal construction, illegal sites, etc. Among the established by the company more than 700 illegal commercial sites, until now second consecutive year, the municipality has not taken effective action for their removal and that causes chaos, disorder, discomfort and a sense of lawlessness in the resort. The management of `Sunny Beach` JSC does not believe that the municipality has the potential and will to control the specific activities within the resort, judging by the presence of similar problems with the street and peddlin trading within its territory, which for years are creating a negative image of the Bulgarian tourism and our cultural-historical heritage. The acquisition of the infrastructure of resort `Sunny Beach` probably would perfectly serve the interests of a group of lobbyists, but not those of the Bulgarian tourism in general.

In favor of the undeniable rights of `Sunny Beach` JSC on the complex lane network, expressed an opinion in a written resolution the Supreme Cassation Prosecutor's Office too, in response to the complaints of the hotel owners, against the rules and measures for internal order introduced. The positive changes that began and the drastic reduction in the level of crime in Sunny Beach were reported by the Ministry of Interior too, as a result of the joint work with the management of the resort.

The board of Directors of 'Sunny Beach' JSC has approached its written position to the Minister of MEET Mr. Traicho Traikov as well as the CEO of APSK Mr. Emil Karanikolov. The strongly expressed opinion is that the requested gratuitcus transfer is unlawful. If Nessebar municipality continues to have unsubstantiated claims over the ownership, it is appropriate to refer to the Bulgarian court, which is the only one entitled competent authority to decide on the merits according to the law and the prevailing social and state interests.


03/01/2012
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