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The RA Court of Cassation satisfied the FOICA’s cassation claim once again

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The RA Court of Cassation satisfied the FOICA’s cassation claim once again

On April 22, 2010, the RA Court of Cassation published its decision and partially satisfied the FOICA’s cassation claim annulling the decision of the RA Administrative Court over the case the FOICA vs. the Zartonk Village Mayor and the Village Municipality.

Let us remind, that on August 13, the RA Administrative Court decided to dismiss the case against the Zartonk Village Mayor and the Village Municipality, because the FOI Center’s representative had withdrawn two claims in the lawsuit, and the Court found that the claim to consider the mayor’s inaction as unlawful should also be dismissed, since the Court thought that “the RA Administrative Procedure Code does not provide for claims to consider actions or inaction as unlawful, and therefore the administrative court has no jurisdiction over that claim.”

On September 15, 2009, the FOICA filed a cassation claim to the RA Court of Cassation against the decision of the RA Administrative Court. With its decision on April 22, 2010, the RA Court of Cassation annuled the decision of the RA Administrative Court and sent it to the same court for a new exam.

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