Cassation appeal – transmission easement
The firm is preparing a cassation appeal to the Supreme Court in a case involving the establishment of a transmission easement.
The courts of both instances dismissed the request for the establishment of an easement, inferring that the transmission company had incumbented an easement for the transmission of oil through an underground pipeline. The cassation complaint is focused on the issue of Article 292 of the Civil Code,
according to which the easement can only be granted as to permanent and visible facilities. Whether line infrastructure facilities running underground can be considered visible within the meaning of the above provision is disputed.