Litigations concerning Approved Layout of the Rail Baltica Track Successfully Finalized
On the 26th of November, the Department of Administrative Cases of the Senate left the judgment of the Administrative Regional Court unmodified by dismissing an application for revocation of the decision of the Cabinet of Ministers about the layout approved for construction of the Rail Baltica railway track in the section near Salaca and Vitrupe.
Conversely, in this summer already – on 10th of July – the Senate left the judgment of the Administrative Regional Court unmodified by dismissing an application for revocation of the order of the Cabinet of Ministers about layout of track A of the 3rd railway line sector in routes C4, A3-2, A3-3 in Sēja and Limbaži regions. Thus, both administrative litigations, which had potential of jeopardizing further successful implementation of the Rail Baltica project, have been finalized.
The applications against the order of the Cabinet of Ministers passed on 24 August 2016 were lodged in the court by association “Latvijas zeme, daba, tauta” and a group of individuals, all of whom objected to the contemplated layout of the Rail Baltica railway track, which restricted, to a significant extent, ownership of several applicants to the real properties owned by them. Representation of the Cabinet of Ministers and legal assistance in litigation procedure were entrusted to Law Firm FORT under leadership of Attorney-at-Law Sandis Bērtaitis in both proceedings.
In both judicial proceedings the Senate acknowledged that the court has comprehensively evaluated the approval of the contemplated activity, including the environmental impact assessment (EIA), without making mistakes in the evaluation made in the matters. The appealed decision of the Cabinet of Ministers of 24 August 2016 finalized the long-lasting work on assessment of the impact on the environment to be created by the Rail Baltica project and served as a fundamental basis for subsequent implementation of the international project.