Regional Court – building, headquarters – illustrative photo.
Brno – Brno is the owner of the stalls in the underpass under the main railway station, the Regional Court in Brno confirmed the judgment of the municipal court. It thus ended a long-standing dispute between the city and the operator of the stands, Pliska Interactive Services Consulting, with a final judgment. The city is opening the way for it to be possible to clear part of the underpass under the tram stops and to reconstruct the entire underpass. Councilor Jiří Oliva (ČSSD) told journalists after the court hearing that he assumed it could be built next year.
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The subway is a long-term shame of the city. According to Oliva, it is still a breath of the 90s of the last century, he called the stalls with cheap textiles disgusting. He assumes that they will be cleared this year. The office of the architect of the city of Brno will prepare the project, and after the completion of the reconstruction, the subway should become a worthy part of the city center.
In the dispute, the city was the plaintiff and the operator of the five stalls was the defendant. The city filed a lawsuit for unauthorized use of city property. It argued that the underpass and therefore the stalls were his, Pliska tried to argue that the city's stalls were not, and questioned the very ownership of the underpass by the city. The Court of Appeal agreed with the judgment of the lower instance court and stated that the central question was whether the stalls were at all a separate subject of legal relations. And since the court concluded that they were not and that they were part of the underpass, then there was no doubt about the ownership of the stalls, because he had no doubt about the ownership of the underpass. Pliska now has two months to decide whether to file an appeal.
Pliska has five stands in the underpass, and two other entities operate even more stands. Litigation with them has been suspended, and Oliva assumes that the courts will now decide by analogy. “Today is a precedent ruling, which is very favorable for the city. We will do everything to have the subway cleared,” Oliva said.
At the same time, the city is suing Pliska and two other entities for damages, above is in units of millions of crowns. They did not pay rent to the city as the owner of the stalls.
Part of the underpass under the railway tracks has been cleared since the beginning of last year. The city originally planned to start the reconstruction last fall, then talked about this year, but had the project reworked and is now counting on next year. Stalls should appear again in the underpass, but they will no longer sell textiles, shoes or handbags, but rather snacks and souvenirs. “Similar to various Western European cities,” said Oliva.
