In June 2024, G&P Law won a case concerning a claim of our client against a regional directorate of the Ministry of Internal Affairs for property and non-property damages caused by an order for the enforcement of a coercive administrative measure (PAM). We are sharing the case because it highlights the importance of the statutory provisions and procedures that must be followed by administrative authorities when enforcing statutory administrative enforcement measures.
Circumstances of the case
In the month of October 2022, our client, returning home in his personal car, was stopped for inspection by the Ministry of Internal Affairs. After a test with a technical device “Drager Drug Teest 5000 STK”, it was established that our client was driving his car under the influence of narcotic substances. As a result, orders were issued for the imposition of a coercive administrative measure – the temporary suspension of the driver’s license (SUMPS) and the order for the imposition of PAM – the termination of the registration of his car. Since our client has never used narcotic substances, he disagreed with the reported result and requested a medical examination with a blood sample.
After more than six months, in 2023, the chemical test showed that there were no narcotic substances in our client’s blood and urine. As a result of this result, the order to impose a coercive administrative measure – the suspension of the registration of his car – was canceled and his driver’s license was returned to him.
Despite the misreported result with the Drager Drug Teest 5000 STK, the injunctive relief order remained in effect for a significant period of time during which our client suffered significant inconvenience and stress.
Legal grounds
The claims that our legal team brought were based on Art. 203 et seq. of the Administrative Procedure Code (APC) in connection with Art. 1, para. 1 of the Law on the Liability of the State and Municipalities for Damages (ZODOV). These provisions provide for the right to compensation for persons who have suffered damages from illegal actions or inactions of state bodies, such as are present in the present case.
The role of G&P Law and the court’s decision
In the course of the court case, we were able to establish through written evidence that in the current case there was an illegal administrative act, withdrawn after establishing the fact that our client did not use narcotic substances. The property damages were proved before the court, expressed in expenses incurred for chemical research in the amount of BGN 286. Through the questioning of two witnesses, we established the non-pecuniary damages that our client suffered during the period of validity of the imposed coercive administrative measure – stress, humiliation, inconvenience, difficulties in his daily movement, etc.
The court accepted the claim for property damages in full, as well as the claim for non-property damages in the amount of BGN 1,000, accepting that these damages are a direct and immediate consequence of the illegal actions of the administrative body.
Conclusion
The court’s decision in the case is significant, as it emphasizes the need to comply with legal procedures when imposing coercive administrative measures, as well as the importance of timely and accurate fact-checking before imposing such measures. The decision emphasizes that citizens have the right to seek compensation when their rights are violated by illegal actions of state authorities. This is essential for upholding the rule of law and the rule of law.
If you have suffered from illegal actions by administrative authorities, do not hesitate to contact the legal team at G&P Law. We are here to protect your rights and interests to help you get fair compensation. Contact us.
