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Fattoush has a long history in cases brought before the State Advisory Council. The Minister of Industry alluded to "suspicious relationships" governing their relationship with a number of judges. After the allocation of $ 200 million in 2006, the board is preparing for a new compensation, but this time is $ 450 million. According to the consultant, the huge amount is due to the high value of lost profits estimated at $ 120 million a year. Can the governing body ratify the decision after being ratified by the government commissioner? Converting the folder to the board may invalidate this trend, but nothing has been decided yet.
Ain Dara's front has collapsed on the ground, but his chapters continue in the State Advisory Council, as in politics. Neither Pierre Fatouche, nor the municipality of Ain Dara, nor the socialist party behind it, will yield. Both believe the truth and the law with him. Opposition to the construction of a cement plant in the region speaks of the mbadive violations committed by modifying the location of the plant specified in the license to obtain more land than those belonging to its owners, in order to conceal the study of the alleged environmental impact.
In addition, the Fattoush have a set of judicial decisions that confirm their right to establish the factory and state that their work should not be hindered and that the military security forces should allow them access to the workplace. However, the delay in starting the industrial complex does not seem to bother them. Every day, a delay is necessary for them to be compensated. Therefore, the calculation indicates that the compensation will be at least $ 454 million. This is not a wish of the owners of the plant, but a serious request has obtained the initial legal support of the State Advisory Council. To date, the appointed councilor, Fouad Nun, has approved this right and the government representative to the Shura Council, Judge Naji Sarhal, confirmed it on May 6, 2019. This means that if it is not possible State loses up to half a billion dollars, it will be added to the compensation already approved by the Audit Bureau. Fattoush in 2006, worth $ 200 million (doubled due to the accumulation of benefits), due to the closure of careers by the state to the. time.
There are many similarities between the two cases, but the most important of these is the repetition of the name of the compensating entity, that is, Al-Fattoush, and the repeated demand for significant offsets. The names Sarhal and Nun, which were part of the previous file, are also repeated. He and other judges were brought before the Disciplinary Board, where he was held responsible before the case was "settled".
When Judge Yusuf Nasr (the head of the chamber) took the presidency of the Shura Council by proxy, after considering the case, he decided to transfer him from the chamber presided over by Judge Nizar Al-Amin to the Council Affairs, which includes all Chamber Presidents. Nasr's approach suggests that he has tended to adopt a new resolution aimed at compensating the Fattoush family in large amounts.
The case began on December 14, 2016, when Pierre and Mousa Fattoush filed a lawsuit against the Lebanese State (represented by the Ministries of the Interior and Defense and the Municipality of Lome). 39; Ain Dara) for refusing to issue licenses on the basis of their properties. Financing and payment of all the fees charged to them ", as well as his refusal to put an end to the attacks on individual property and public property and to guarantee the protection of investments The claimant claimed compensation for the losses, daily damages and profits related to temporary losses of US $ 500,000, with an interest rate of 9% for the period from the beginning of 2017 until the date of actual establishment of the Industrial Complex.
Shura Council and Government Commissioner Ida Haq Al-Fattoush Compensation
As for the issue of compensation, a decision was made by the President on October 10, 2017, in which I appointed a committee of experts to determine the value of the damages, based on of the economic feasibility study prepared by Arthur D. Little. This study was built on production capacity, production costs, drainage markets and the operating profit of the plant, after deduction of fees. The estimated period of compensation is estimated at five years, with the years of production disruptions starting from 2017 to 2021. This calculation is based on the fact that production was expected for the beginning of 2017, 2018, ie after the publication of resolution 245/2017 of December 14, 2017 (appeal of the municipality of Ain Dara with the industrial license n ° 5297) to two and a half years.
According to the feasibility study prepared by the company "Arthur and Little", under the title of the action plan "Cement Rice" and approved by the Ministries of Industry and Public Works, Transport and from the Environment, the factory's production capacity ranged between 2.2 and 2.4 million tons of cement per year, 25 100% will be marketed in Lebanon and 75% in Syria.
According to the study, the direct cost of cement was estimated at $ 55 per ton in 2017 and is expected to fall to $ 37 per ton in 2019 due to internal production of materials entering the cement industry.
The cumulative profit of the plant is 454 million USD and is distributed as follows: 39 million USD in 2017, 70 million USD in 2018, 108 million USD in 2019 (year of start of the internal production of clinker), 116 millions of dollars in 2020 and 121 million dollars in 2021. The Committee considered that compensation for annual net profit should be calculated upward from 2017 on the basis of the ratios above and at the actual production date, plus compensation for an annual profit of less than two and a half years is the period required for treatment, installation and construction.
Expert Committee on "Shura": Production Loss of $ 120 Million Per Year
The quantity seemed huge. The $ 120 million in profits earned during the year raises much more than a question mark, which is why the state asked not to take the report of the commission of experts, noting that He is far from reality and biased. However, the rapporteur did not accept this objection, believing that she was inscribing himself in the context of a public speech, abstract of any evidence, and that he did not could be invoked against a scientific report issued by the committee of experts, who is the official responsible in the performance of the task entrusted to him. And therefore his report has solid evidence and can only refute that argument by the allegation of falsification, which neither the state nor the municipality does.
The rapporteur also draws attention to the fact that the Ministries of Industry and Public Works, belonging to the same legal entity as the Ministry of the Interior and the Ministry of Defense, have accepted the request for appointment of specialists made by the nominating body. They also approved the contents of the report. He explained that the absence of any comments on the report from the specialists mainly, namely the Ministries of the Interior and Defense and the municipality of Ain Dara, presupposed their consent to what had been told.
In a summary of the report published by Judge Fouad Nun on April 17, 2019, the Ministry of the Interior, the Ministry of Defense and the Municipality of Ein Dara paid in solidarity $ 454 million to claimant for damages resulting from the daily profits, of the claim of the company of a legal interest representing the price of lost time that is not clear "), and the maintenance of the right to claim compensation for the net profits lost due to further delay The suspension and extension of processing, construction and other delays of any type, equivalent to the delay until the date of effective commissioning of the industrial complex, were also approved.
Government Commissioner: The State has harmed the interests of the Fattoush family
The transfer of the "Rice Cement" file to the government's shura advisor, Judge Naji Sarhal, has not changed his direction. Sarhal saw that the compensation was due to the company, which arrested a number of specialists, who badume that the commissioner's job is to defend the rights of the state, and thus seeks to reverse the course of the decision , not to confirm to compensate for the large amounts of Fattoush.
But for the commissioner, his mission is clear: he "establishes his independence and his vision in the circumstances of the case and the application of the law in accordance with his conscience and provides a solution after the closure of investigations ". He then charged the municipality and the supervisory authority with the responsibility to violate the laws that caused the injury of the time factor, all the more because the delay was voluntary and resulted from bad faith, non-application of the law and the principle of equality before public offices.
As for the environmental impact study, which was questioned, it was considered not to be closely related to the building permit, but to the license file of a clbadified institution that made a decision on the Fifth Chamber which partially annulled certain conditions of the license. The current decision to recover the license, but the Shura Council was suspended after a call from the Fattoush).
With regard to compensation, the government commissioner indicated that he had no investigative role, but he studied the report legally and gave the same or contrary opinion. Therefore, he said that "the decision is better to show the responsibility of the state for the responsibility of its employees to violate the laws and regulations in force, especially in violation of the law of construction and law of municipalities and the lack of security, which impaired the appellant's interest in not being able to implement the building permit, issued according to the rules ". It only supports the rapporteur in terms of liability for fault and liability, leaving it to the Board of Directors to determine the amount of the appropriate and fair compensation, each type of damage being determined separately according to the liability. with costs and benefits, in light of the feasibility report. A final note added by Serhal at the end of his report, which concerns the proposal to reduce the rate to 3% instead of 9% from the date of the court decision.
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