1. The subject of the dispute is the appeal by a public organization against urban development conditions and a permit for construction works related to the construction of an administrative building with recreational facilities.
2. The Supreme Court overturned the ruling of the appellate court, noting that the appellate court had incorrectly applied the norms of procedural law, in particular, regarding the right of a public organization to appeal decisions in cases related to environmental protection. The court emphasized that, in accordance with the Aarhus Convention and national legislation, public organizations whose activities are aimed at environmental protection have the right to judicial protection of environmental rights and interests of an indefinite number of persons, even if their own corporate rights are not violated. The court also took into account that the disputed urban development conditions and construction permit may affect the state of the environment, which justifies the organization’s right to appeal to the court. In addition, the Supreme Court emphasized that the Aarhus Convention does not limit the number of public organizations that can appeal to the court on environmental issues, and that each organization has its own legal personality. The Court departed from a formal approach to determining the interest of a public organization in environmental protection cases, emphasizing the priority of ensuring broad access to justice in such cases.
3. The Court decided to grant the cassation appeal and send the case to the court of appeal for further consideration.
