On 6th of August 2015, with its Definition No. 9207 on administrative case No. 7739/2015 a five-member panel of the Supreme Administrative Court confirmed the rights of KAOLIN AD on our commercial discovery for the "Balabana" deposit. This commercial discovery was first taken away by an order from the Minister of Economy and Energy in June 2014, then it was returned by counter cancelling with another order from the Minister of Economy and Energy in October 2014, and finally was directly attacked at court with a request for a declaration of nullity. In all of the three cases, KAOLIN AD was entangled against his will in trials; and in all three cases we have won them in all instances.
The yesterday's ruling of the Supreme Administrative Court is final on the third and most important case: "the nullity of a commercial discovery." By this Definition, the Supreme Administrative Court confirmed two principles, namely:
• that the certificate of commercial discovery does not constitute an individual administrative act;
• it is unacceptable for any arbitrarily taken third party to claim the existence of a legal interest and to seek the annulment of already completed search and examination procedures and respectively of already issued certificates for commercial discoveries.
Due to the fundamental nature of the issues raised, the Supreme Administrative Court's Definition is essential not only for Kaolin AD but for the whole mining industry and deserves admiration. Justice makes it worth noting that the current management of the Ministry of Energy and the Ministry of Environment and Water took a principled stance on the issues raised and through its procedural representatives advocated and defended the same those principles based on legality and the law.
The yesterday's ruling of the Supreme Administrative Court is final on the third and most important case: "the nullity of a commercial discovery." By this Definition, the Supreme Administrative Court confirmed two principles, namely:
• that the certificate of commercial discovery does not constitute an individual administrative act;
• it is unacceptable for any arbitrarily taken third party to claim the existence of a legal interest and to seek the annulment of already completed search and examination procedures and respectively of already issued certificates for commercial discoveries.
Due to the fundamental nature of the issues raised, the Supreme Administrative Court's Definition is essential not only for Kaolin AD but for the whole mining industry and deserves admiration. Justice makes it worth noting that the current management of the Ministry of Energy and the Ministry of Environment and Water took a principled stance on the issues raised and through its procedural representatives advocated and defended the same those principles based on legality and the law.
The management of Kaolin AD expresses gratitude to the President, the Board of Governors and all members of the Bulgarian Chamber of Mining and Geology for the support that was given to us in all hard times and for their empathy and solidarity towards our cause. As far as these cases were concerned about the principle issues conected to the security and sustainability in the mining in Bulgaria in general, it could be assumed that this outcome of the judicial processes is a success of the entire mining industry and is evidence that the rule of law is possible.