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© Nadezhda Chipeva, Capital
Tsarska Bistrica is owned by Simeon Saxe-Coburg-Gotha and his sister Maria Louisa, the Supreme Court of Cassation ruled.
The Tsarska Bistrica Palace is owned by Simeon Saxe-Coburg-Gotha and his sister Maria-Louise. This was finally decided by a panel of the Supreme Court of Cassation (SCC) and thus the state lost for the first time one of the cases for the so-called royal properties. The state was ordered to pay more than BGN 81,000 to Saxe-Coburg-Gotha for the costs of the case. Read the full decision of the Supreme Court of Cassation here.
The trial was one of many for the royal estates, and before being adjudicated, the chief judge panel Mapgapita Cokolova, Svetlana Kalinova – rapporteur and Galabina Gencheva requested an interpretation from Konc. After my release, the trial was resumed and the magistrates referred to him in their reasons. The interpretation was on the question of what are the legal consequences of the repeal of the single effect laws and specifically of the decision of the Constitutional Court of 1998, which repealed the Law of Nationalization of Real Property of 1947.
So far, two courts have recognized both as state property. Other decisions in the “royal affairs” were pronounced in favor of the state – for the “Kpichim”, “Citnyakovo” and “Capugol” properties. The case of the Vrana Palace and 16,500 decars of forest areas in Rila is still pending, recalls Defakto.bg
The state, through the Ministry of Regional Development and Public Works, refers to the Forest Law of 1897 and the presumption introduced in it that the forests are state property. In addition, among the reasons for the state to claim ownership of the goods was that the stewardship of the king’s civil list acquired them by prescription from 1900-1930, and also referred to the forfeiture law of 1947, which is taken away all property real. However, the SCC rejects all these arguments. The magistrates accepted that part of the property was municipal property, and the building was built with Fepdinand’s personal funds in the period 1900-1912 / 1913.
The Supreme Court of Cassation refers to the data from the 1934 Visiting Card, according to which the forest in which the property is located is indicated as municipal, but not as property of the municipality, that is. it was a property ceded by the state for perpetual use.
Furthermore, the property was not indicated as a state forest in any of the written evidence presented in the case: business maps, final business plans, acts determining the forest issue. The Supreme Court of Cassation also notes that there is evidence in the case that, in fact, royal power over the property after 1918 was exercised by Tsar Boris III and members of his family.
The case started in 2009, with the coming to power of GERB, the state costs in 2017 are around BGN 2.4 million,
although during the Triple Coalition a special parliamentary commission for royal estates gathered sufficient documentary material on the basis of which it did not conclude that the estates were state property. However, the state claimed that the property was in line with the populist insistence of the Order, Law and Justice party, and in particular its leader and then deputy Yane Yanev, and the ruling majority adopted a moratorium on the use of Simeon’s properties Saxe-Coburg-Gotha until the adoption of a law on real estates. “No law was passed, the moratorium was lifted (and was attacked by Simeon Saxe-Coburg-Gotha at the Court of Justice of the European Communities in Strasbourg) , and no one in the government in recent years has commented on how the government intends to solve the problem.
Meanwhile, a panel of the Supreme Court of Cassation in 2012 accepted that the Krichim estate was property of the State, and one of the reasons was that the repeal by the Constitutional Court of the Law of Nationalization of Real Property in 1947 did not have legal consequences for your state. After this decision for Krichim, all the courts began to decide the cases with such motive in favor of the state.
In 2017, the state signaled that it was hesitant on its claims on the real properties and was ready for a settlement. However, due to “public opinion”, according to Dnevnik sources, Prime Minister Boyko Borissov abandoned the idea and then Minister of Justice Tsetska Tsacheva announced the turn at a special press conference (December 4, 2017) , when it was announced that by that time the expenses of the two departments, the judicial and the agricultural, in the cases of real properties have exceeded 2.4 million BGN.
