On 30 January 2020 (notification on 11 February 2020), the Sala de lo Contencioso-Administrativo (Section 3) of the TSJC dismissed the appeal for reconsideration by the Municipality of Pratdip, which sought to exclude the Residents’ Association «Les Planes del Rei» from the enforcement proceedings concerning land reparcelling. The Court recalled that in the phase of enforcement of judgment, all persons affected by the ruling may intervene (Art. 109.1 LJCA) and found the association to have standing, since its scope coincides with that of the ECU Les Planes del Rei dissolved by judgment of 21/07/2016. Final decision (no appeal possible).
1) Nature of the document
- Jurisdiction: Tribunal Superior de Justicia de Cataluña (TSJC), Administrative Litigation Chamber, Section 3.
- Date: 30/01/2020 (notification 11/02/2020).
- Procedure: Appeal against Auto No. 251/2018 (enforcement of judgment).
- Judges: Manuel Táboas Bentanachs; Isabel Hernández Pascual (ponente); Héctor García Morago.
2) Parties
- Appellant: Municipality of Pratdip (Procuradora: Inmaculada Lasala Buxeres).
- Respondents: Residents’ Association «Les Planes del Rei» and numerous property owners (list in the Auto).
- Representation: Lawyer for the association: Jordi Barquín; Procurador: Faustino Igualador Peco.
3) Context and subject matter
- Municipality’s request: to exclude the association as respondent on the grounds that it was not a party in first instance and had not proven its interest or right.
- Subject matter: enforcement of decisions related to the reparcelling of the «Planes del Rei» area, following the dissolution of the ECU Les Planes del Rei (TSJC judgment No. 642 of 21/07/2016).
4) Legal grounds
- Article 109.1 LJCA (Law 29/1998): in enforcement, all affected persons may intervene, not only those who were parties to the main proceedings.
- Presumed affectation: the association brings together the residents of Planes del Rei, whose area coincides with that of the dissolved ECU; in the absence of evidence to the contrary, this presumed affectation is accepted.
- New and unfounded argument: the municipality’s late claim (lack of proof of interest) was rejected.
5) Decision
- Dismissal (DESESTIMAR) of the Municipality of Pratdip’s appeal for reconsideration.
- Consequence: the Residents’ Association «Les Planes del Rei» remains a legitimate party in enforcement proceedings.
- Remedies: none (decision not subject to appeal).
6) Relevance for Planas del Rey
- Strengthened collective representation: the association is recognised as a legitimate actor in enforcement proceedings (dissolution of the ECU, reparcelling, minimum services, etc.).
- Limitation of delaying tactics: the municipality can no longer effectively challenge the association’s standing.
- Legal certainty: useful clarification for future administrative steps (reception, works, financing, etc.).
7) References
- Auto: TSJC, Section 3, 30/01/2020 (notification 11/02/2020), Appeal against Auto No. 251/2018.
- Previous judgment: TSJC No. 642, 21/07/2016 (dissolution of ECU Les Planes del Rei).
- Legal basis: Art. 109.1 of Law 29/1998 (LJCA).
