On 18 October 1994, Pratdip Town Council responds to a new request from the Planas del Rey Urban Development Conservation Entity (EUCC), which is attempting to secure the transfer of the development’s communal areas and facilities.
However, the Falset court had already issued a favourable judgment on 23 November 1993. It required Francisco Lebasque to sign a public deed transferring the assets to the municipality free of charge.
But the judgment is not enough to transfer the assets automatically. The land concerned still has to be precisely identified, the notarial deed has to be prepared and the necessary signature obtained. This is the final stage that the EUCC attempts to complete in 1994.
In 1990, the EUCC initiates legal proceedings
The administrative steps taken between 1986 and 1988 fail to complete the transfer. Francisco Lebasque cannot be located, and the land concerned remains registered in his name.
On 23 January 1990, the EUCC pays a lawyer an advance of 125,000 pesetas towards legal costs.
This money is intended to fund legal proceedings against “Francis or Francisco Lebasque” and the committee representing his creditors.
The aim is to achieve through the courts what the previous administrative efforts could not: the official signing of the transfer.
In 1993, the court rules in favour of the EUCC
The proceedings initiated in 1990 culminate on 23 November 1993 in a judgment by the Falset Court of First Instance.
The court orders Francisco Lebasque to execute a public deed transferring several assets to Pratdip Town Council free of charge.
The judgment concerns the following assets:
- the Olympic-sized swimming pool and the smaller pool;
- the five tennis courts;
- the miniature golf course;
- the well and its pumps;
- the streets;
- the sewerage network;
- the green spaces and their existing vegetation;
- the public lighting.
This decision represents a significant victory for the EUCC. However, it does not directly complete the transfer: it requires Francisco Lebasque to appear before a notary and sign the corresponding deed.
Claude Strens requests the signing of the notarial deed
On 7 March 1994, Claude Strens, president of the EUCC, writes to the mayor of Pratdip.
In his letter, he recalls the various steps taken since 1986 and states that the judgment delivered a few months earlier was favourable to the transfer.
He therefore asks the Town Council to set a date for Francisco Lebasque’s creditors’ committee to appear before a notary and formalise the transfers covered by the judgment.
Claude Strens also points out that these legal proceedings have cost the EUCC a considerable amount of money and could, in his view, have been avoided.
Who will maintain the communal areas after their transfer?
Claude Strens also addresses the future maintenance of the communal areas and facilities.
He proposes that Pratdip Town Council and the EUCC enter into an agreement. Once the transfer has been completed, the municipality would own the assets concerned, while the EUCC could continue to manage and maintain them.
This proposal distinguishes between two separate issues:
- ownership of the land and facilities;
- their day-to-day management and maintenance.
The transfer to the Town Council would therefore not necessarily bring all the EUCC’s activities to an immediate end.
In October 1994, the EUCC is still waiting for a response
Several months pass without the signing of the notarial deed being arranged.
On 10 October 1994, Claude Strens sends another letter to the Town Council. He refers to his request of the previous March and asks for a prompt response so that the transfer can finally be formalised.
Almost a year after the judgment, no notarial deed has yet been signed.
The Town Council requests precise identification of the land
The mayor of Pratdip, Josep Fortuny, responds on 18 October 1994.
He explains that, after examining the file, the Town Council has not found any document specifying which plots of land it is expected to accept.
He therefore asks the EUCC to provide plans or other graphic documentation identifying them.
The difficulty is clear: the judgment lists the facilities and categories of assets to be transferred, but it is not sufficient on its own to establish their precise boundaries and Land Registry references.
Everyone broadly understands what is to be transferred — the streets, green spaces, swimming pools and other communal facilities — but the exact plots corresponding to those assets still have to be identified.
The judgment exists, but the transfer remains blocked
By the end of 1994, the situation can be summarised simply:
- the EUCC has obtained a favourable judgment;
- Francisco Lebasque is required to sign a public deed of transfer;
- the deed has not yet been signed;
- the Town Council is requesting precise identification of the land concerned.
The court judgment therefore recognises the obligation to transfer the assets, but is not sufficient to complete their transfer to the municipality.
In 1995, the EUCC will approach the Generalitat to ask how the judgment can be enforced.
In its report of 5 March 1996, the Generalitat will explain that the EUCC must return to the Falset court and ask it to enforce its decision.
Jim – La Tribune de Planas
Reference documents
View the advance payment for legal costs made by the EUCC in January 1990
View the request sent by Claude Strens to the Town Council on 7 March 1994
View the reminder sent to the Town Council on 10 October 1994
