Subject of the Dispute: Lviv City Council demanded the removal of obstacles in disposing of a land plot by demolishing a kiosk belonging to a private entrepreneur.
Main Arguments of the Court: The Supreme Court established that the dispute arose between the city council and a private entrepreneur regarding a land plot and a kiosk used in entrepreneurial activity. The court concluded that such a dispute cannot be considered under civil court proceedings, as the respondent is a business entity. The court took into account that PERSON_1 has the status of an entrepreneur, has concluded a number of agreements with the city council regarding temporary land use, and has a valid registration as a private entrepreneur.
Court Decision: The Supreme Court reversed previous court decisions and closed the proceedings, explaining to the Lviv City Council the right to apply to the commercial court.
