On 12 December 2017, the Juzgado Contencioso-Administrativo No. 1 of Tarragona issued an order (notified on 10 January 2018) within the enforcement procedure No. 14/17, derived from the ordinary appeal No. 582/10 and subsequent to Ruling No. 64/2016 (Third Chamber of the TSJC). The decision confirms the effective dissolution of the EUCC Les Planes del Rei and specifies the body responsible for liquidation. :contentReference[oaicite:0]{index=0}
1) Procedural context
- Procedure: enforcement No. 14/17 (following the TSJC ruling).
- Origin: ordinary appeal No. 582/10 – Ruling No. 64/2016 of the TSJC (Third Chamber).
- Applicants: Juan Oliver Saladrigas, Gérard Marais and 22 others, represented by lawyer Jordi Barquín de Cozar.
- Defendants: Municipality of Pratdip and EUCC Les Planes del Rei.
2) Purpose of the claim
- To obtain the enforcement of the judgment of 21/07/2016 declaring the EUCC Les Planes del Rei dissolved.
3) Court decision (key points)
- Dissolution by law: the EUCC is considered dissolved by direct effect of the TSJC ruling; the Municipality must act accordingly, as if the dissolution were already decided.
- Liquidating body: the Governing Council becomes automatically the liquidating body, pursuant to Article 195.3 of the Regulation implementing the Urban Planning Law of Catalonia.
- No other immediate measures: at this stage, the judge does not rule on the modalities of liquidation nor on the distribution of responsibilities, due to lack of sufficient evidence.
These points define the enforcement framework: dissolution confirmed and competence of the Governing Council for the liquidation phase. :contentReference[oaicite:1]{index=1}
4) Legal consequences
- Definitive and enforceable dissolution: it can no longer be challenged by the Municipality.
- Obligation to act: the Municipality of Pratdip must behave as if it had itself decided the dissolution.
- Illegality of any administrative/urban planning act claiming that the EUCC still exists: such a position directly violates an enforceable ruling.
- Open path: the order opens the way to an official liquidation, in which the Municipality must collaborate.
In practice, any fictitious maintenance of the EUCC in subsequent acts (e.g., planning documents or projects such as PAU 4) would be unlawful. :contentReference[oaicite:2]{index=2}
5) Conclusion
A major legal milestone, the order confirms the effective dissolution of the EUCC, forbids any challenge by the Municipality and designates the Governing Council as the liquidating body — a solid basis for action if the Municipality continues to ignore this situation. :contentReference[oaicite:3]{index=3}
