Success Story: Lawyer challenges the fine of the National Food Authority (AKU) in the Administrative Court

A small family business in Korça with artisanal activity for milk processing ("Dairy") faced a fine of 300,000 ALL from the National Food Authority (AKU) after a sudden inspection. The inspection team claimed that the work environment lacked ventilation, had presence of moisture and rust, as well as lack of documentation for raw materials.

The owner of the dairy denied the accusations, explaining that:

• The alleged "mold" was smoke from firewood, part of the natural cheese aging process;
• Humidity was not measured with any scientific device by inspectors;
• Documents on raw material existed, as supply was made by local farmers with whom there was an agreement and relevant documentation and not with powdered milk as prejudiced by the inspectors.

After consultation with lawyer Kastriot Frashëri, serious procedural and material violations by AKU were noted:

• The inspection was unexpected and unjustified as an "emergency", as required by law;
• The minutes kept were incomplete and unclear, without clear instructions for improvements;
• The dairy equipment was artisanal and did not require a maintenance log, according to AKU's own verification list;
• The wardrobe was located in an environment adapted next to the dairy – due to limited space, not as a violation of standards.

Also, AKU had taken a sample for analysis, but even after a month there was no official response on the quality of the product – questioning the entire purpose and transparency of the inspection.

The lawyer prepared a full administrative lawsuit, requesting:

• Repeal of all documentation and acts issued by AKU and MBZHR, including minutes, decisions on administrative measure, and fine invoice;
• Court expenses charged to the defendant.

The Administrative Court of Appeal in Tirana, after reviewing the case, decided:

• Acceptance of the lawsuit
• Repeal of decisions and acts issued by AKU and
• The relevant Ministry
• Final cancellation of the fine of 300,000 ALL
• The decision is final and unappealable.

This is a clear example that even small businesses, when properly represented, can win against state institutions that often act outside legal rules and without clear evidence only for unjust punishment purposes. Respect for procedural law and protection of rights of citizens and businesses are pillars of the functioning of the rule of law.