On 28/06/2013, the Court Clerk Mª Pilar Pera Bajo (Juzgado Contencioso-Administrativo n°1 of Tarragona) recorded the timely submission of the opposition briefs by the Municipality of Pratdip and the EUCC Les Planes del Rei to the appeal filed by the property owners (SOS Planas) against the judgment of 26/03/2013 (n°130/2013). The case file and administrative record were forwarded to the Administrative Chamber of the TSJC and the appeal was admitted “en ambos efectos” (suspensive and devolutive effects), with the summons of the parties to appear within 30 days.
1) Parties and procedure
- Court: Juzgado Contencioso-Administrativo n°1 of Tarragona.
- Procedure: Recurso ordinario n°582/2010 (Tomo III).
- Plaintiffs: Juan Oliver Saladrigas, Gerardus Jansen and other owners, represented by Me Jordi Barquín de Cozar Roura.
- Defendants: EUCC Les Planes del Rei and Municipality of Pratdip, represented by Sara García Aguilera, Anna Paixà Matas and Antonio Elías Arcalís.
- Clerk’s Office: Secretaría Judicial Dª Mª Pilar Pera Bajo.
2) Procedural decision of 28/06/2013
- Consideration of the opposition briefs filed by the Municipality and the EUCC against the appeal.
- Forwarding of the case file and the administrative record to the TSJC for the processing of the appeal.
- Admission of the appeal en ambos efectos (suspensive + devolutive effect).
- Summons: 30 days for the parties to appear and exercise their rights before the TSJC.
3) Key points
- The judgment of 26/03/2013 (n°130/2013) rejecting the dissolution of the EUCC is challenged by the owners.
- The Municipality and the EUCC oppose the appeal in writing and defend the initial judgment.
- The case is brought before the appellate jurisdiction (TSJC), which will rule on the merits.
- The suspensive effect prevents the challenged decision from producing definitive effects until the TSJC issues its ruling.
4) Practical implications for the owners
- As of 28/06/2013, the procedure is still ongoing: the issue of the dissolution of the EUCC remains legally unresolved.
- The owners must appear within the deadline and prepare their appeal briefs before the TSJC.
Document reference
Cédula de notificación – Summons, Juzgado Contencioso-Administrativo n°1 of Tarragona, 28/06/2013, Recurso ordinario n° 582/2010 (Tomo III) – referred to the TSJC.
