Subject of Dispute: Recognition of Unlawful Inaction by a Municipal Enterprise Regarding Improper Maintenance of a Civil Protection Shelter.
Main Arguments of the Court:
1. The Supreme Court established that the prosecutor does not have the right to apply to the court on behalf of the state in the interests of the State Emergency Service and the Regional Military Administration, as these bodies themselves do not have a legally defined right to file such a claim.
2. The Court emphasized that authorities can act only within the powers clearly defined by law and do not have the right to arbitrarily interpret their procedural possibilities.
3. The Supreme Court noted that the legislative amendments referred to by the prosecutor do not create sufficient grounds for filing such a claim.
Court Decision: Repeal the decisions of previous instances and close the proceedings in the case.
