Abstract

With respect to the commented judgment the court was to resolve the problem whether an environmental impact assessment may be performed after a building permit had been issued and the construction had been started. In this case, the authority issued a decision without indicating the grounds therefor and to this extent the first instance court shared the view that environmental impact assessment may not be performed after a building permit had been issued and the construction had been started.

The second instance court found that is the competent authority issued a building permit because all condition for issuing such permit had been fulfilled, including environmental requirements, it does not mean that after such a decision has been issued any possibility of carrying out an environmental impact assessment is excluded.