On 28 April 2021 (notification on 10 May 2021), the 3rd Section of the Administrative Litigation Chamber of the High Court of Justice of Catalonia (TSJC) issued Judgment No. 1895, which rejected the appeal of the Pratdip Town Hall against the enforcement order of 12/12/2017 confirming the dissolution of the Entitat Urbanística Col·laboradora de Conservació (EUCC) Les Planes del Rei, as pronounced by the judgment of 21/06/2016. The Court confirmed that the dissolution is self-executing and requires no additional municipal act, and that the former Governing Council becomes the liquidating body in accordance with Article 195.3 of Decree 305/2006.
1) Context and procedure
- Appeal roll of order: No. 251/2018 (urban planning).
- Enforcement of judgment: No. 14/2017 (arising from the initial appeal).
- Original appeal: contentious-administrative appeal No. 582/2010 against the Pratdip Town Hall and the EUCC.
- Substantive judgment: TSJC, 21/06/2016 – dissolution of the EUCC Les Planes del Rei (final).
- Enforcement order: Tarragona Administrative Court No. 1, 12/12/2017 – recorded the dissolution and appointed the liquidating body.
- Parties: Appellant: Pratdip Town Hall. Respondents: several property owners in Planas del Rey and the Asociación de Vecinos “Les Planes del Rei”.
2) Claims of the Town Hall (appellant)
- Revocation of the order of 12/12/2017 (enforcement No. 14/2017).
- Inadmissibility (or alternatively, dismissal) of the enforcement request.
- Interpretation of Art. 195 of Decree 305/2006: the Town Hall argued that the dissolution required a formal municipal resolution under paragraphs 1 and 2.
3) Legal assessment by the TSJC
- Enforceability: the judgment of 21/06/2016 is final and must be executed as stated. Public and private entities must cooperate (Art. 103 LJCA).
- No prior act: enforcement does not require a municipal resolution declaring dissolution; the judgment is a complete and sufficient enforceable title.
- 2017 order validated: appointment of the liquidating body (Governing Council) under Art. 195.3 is correct; there is no inconsistency or denial of defense.
- Conclusion: the Town Hall’s arguments are unfounded; the appeal is fully dismissed.
4) Ruling and immediate consequences
- Rejection of the Pratdip Town Hall’s appeal against the enforcement order (Tarragona Administrative Court No. 1, 12/12/2017).
- Order to pay costs: charged to the Town Hall, capped at €2,000 (including VAT), in favor of the respondent party.
- Notification: the judgment was notified on 10/05/2021; it allows for a cassation appeal (deadline 30 working days), without prejudice to enforcement already ordered.
5) Scope and practical effects
- The EUCC Les Planes del Rei has been legally dissolved since 2016; its effectiveness cannot depend on a new municipal act.
- The liquidating body (former Governing Council) must proceed with the full liquidation (assets, rights, obligations) under Art. 195.3.
- The Pratdip Town Hall must cooperate fully with enforcement and cannot delay or block the process through dilatory tactics.
- Any attempt to maintain the EUCC or extend its effects is illegal in light of this decision.
6) Key takeaways
- Self-executing dissolution: the 2016 judgment is sufficient by itself.
- No municipal act required to “confirm” the dissolution.
- Liquidating body: Governing Council → full liquidation (Art. 195.3).
- Costs: Town Hall condemned (maximum €2,000 incl. VAT).
