On 26 March 2013, the Administrative Court n°1 of Tarragona ruled on the appeal lodged by the Asociación de Vecinos (SOS Planas) seeking the dissolution of the Entitat Urbanística Col·laboradora de Conservación (EUCC) Les Planes del Rei.
The request was rejected, on the grounds that the urbanisation works had not yet been officially received by the Municipality of Pratdip.
As a result, the EUCC maintains its legal existence and the municipality is not obliged to immediately assume the minimum services.
1) Context
- Plaintiff: Asociación de Vecinos Les Planes del Rei (SOS Planas – homeowners’ association).
- Purpose: obtain the dissolution of the EUCC and the transfer of services to the municipality.
- Plaintiffs’ argument: infrastructures were considered to have already been delivered to the municipality.
- Municipality’s reply: absence of formal reception of the works, maintenance of the EUCC.
2) Court reasoning
- The administrative silence of the municipality amounted to an implicit rejection, but the appeal was admissible.
- Review of the EUCC’s minutes (2005-2008): no record of official delivery of infrastructures.
- 23/02/2009: approval of the urbanisation project by the municipality.
- 2009-2010: successive agreements municipality-EUCC for the execution of works and management of certain services (water, waste).
- 09/02/2010: publication in the DOGC of the POUM confirming shortcomings to be corrected.
- 2011: change of the system of action to “cooperation” to benefit from subsidies and complete re-urbanisation.
- Judge’s conclusion: without official reception of the infrastructures, dissolution of the EUCC is legally impossible.
3) Consequences
- The EUCC remains in force until the works are received by the municipality.
- Homeowners must continue to finance the EUCC and its services.
- The Municipality of Pratdip delays its obligations, using the lack of reception as a legal argument.
- The judgment represents a setback for SOS Planas, postponing dissolution until 2016 after further proceedings.
