It wrote in clause 8.1 of the first addendum: "It is agreed that the last date for receiving the 'approval of the Minister of the Interior' (if it is received) mentioned in clause 30.1.2 of the Development Agreement, which is also one of the conditions suspended (hereinafter: 'the date of receipt of the approval of the Minister of the Interior'), will be made no later than June 30,2018."
- At this point in time, it was the municipality's duty to present the company with the answer received from the Ministry of the Interior regarding the Omarta matter, in order to clarify with it whether it was interested in continuing to move forward on the basis of this answer or not. Instead, the municipality chose to conceal from the company this vital and essential information that it had received from the Ministry of the Interior in relation to the Omarta matter.
This information was concealed in real time by the municipality from the company, and in this proceeding, too, it was revealed to the company only in the framework of document disclosure proceedings and later through a public servant's certificate that the company received from the Ministry of the Interior.
- It should be emphasized: In the same response of the Ministry of the Interior of February 1,2017, just as in our case, no stipulation was mentioned regarding the change in the order of approvals, so that if the zoning plan is changed, it will be possible to apply and receive the approval of the Minister of the Interior to engage with the winner of the tender. In other words, the municipality once again received the Ministry of Interior's response, in which it was explicitly stated that the Minister of the Interior would not approve agreements that are the subject of tenders that do not conform to the zoning plan of the land for which they are intended.
Nevertheless, the Municipality did not see fit to bring this vital and essential information to the Company 's attention. Insofar as this position was not clear enough for the Municipality, it should have requested clarifications on the matter from the Ministry of the Interior and shared the information with the Company and not concealed it from it, to close its eyes and mislead the Company into thinking that obtaining the approval of the Minister of the Interior is a technical matter and subject to a change in the plan.