The Lviv District Administrative Court has upheld as lawful the demand of the Lviv City Council to dismantle the summer terraces of the restaurants “Yazykata teshcha” and “Gallery of Knights”, located at 16–18 Svobody Avenue in Lviv. This was reported by the executive committee’s chief of staff, Yevhen Boiko.
The court rejected the claim of the company “BINP LTD”, which operates these establishments. The company had challenged the city council’s demand to dismantle the temporary structures.
The legal department of the Lviv City Council recalled that back in December 2024 the Department of Natural Resources, Construction and Community Development sent the owners a demand to remove the unauthorised temporary structures with a total area of 738 m². After this, the company went to court.
Initially, the courts of first instance and appeal ruled in favour of the business owners. However, the Supreme Court overturned these decisions and sent the case back for a new hearing to the Lviv District Administrative Court.
During the renewed hearing, the court agreed with the arguments of the city council and took into account the conclusions of the Supreme Court. It was established that the summer terraces are unauthorised temporary structures, do not have the necessary permits, and that the department acted within its powers.
The next step will be the consideration of the case in the court of appeal. If the court of appeal upholds the decision, the demand to dismantle the summer terraces will come into force.
It is separately noted that earlier the Eighth Administrative Court of Appeal had already upheld another decision by which the company “BINP LTD” was refused in its claim regarding the provision in the summer terrace passport on mandatory dismantling after the end of the season. The company sought to have this provision declared unlawful, but the court concluded that the passport had already expired, and therefore there were no grounds to declare its provisions illegal.