The court in preliminary relief proceedings finds that the positions of both parties are far apart and that additional expert investigation is required to dispel any ambiguity concerning the diverging positions. For this reason, in the proceedings on the merits in July, the Court had commissioned STAB to issue an opinion. Under these circumstances, the court in preliminary relief proceedings is very cautious in its preliminary assessment of the lawfulness of the permit. Such an assessment would to a large extent pre-judge the question as to who is right, whereas the court in the proceedings on the merits considers the assessment of STAB to be necessary in this matter.
In order to determine whether a preliminary injunction should be granted prior to the decision in the proceedings on the merits, the court weighs the interests at stake. MOB attaches importance to nature conservation and is committed to prevent ecological damage to the adjacent Natura 2000 area. Circuit Zandvoort, on the other hand, has now almost completed the organisation of the F1-event and has made considerable investments. Cancelling the F1 would immediately lead to substantial losses and possible bankruptcy for Circuit Zandvoort.
Since in the proceedings on the merits no judgment has yet been handed down regarding the lawfulness of the permit, the Court in preliminary relief proceedings has decided to rule in favour of Circuit Zandvoort. Therefore, the Court in preliminary relief proceedings sees insufficient scope for a complete or partial suspension of the permit.
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