- The EUCC was effectively dissolved as of that date.
(This is what our lawyer, Maître Barquin, has always argued, especially when he stated that from that day on, the property owners were no longer required to pay any charges.) - The EUCC automatically becomes a liquidation entity.
The town hall has no decision to make in the municipal council: it is no longer up to them. They must simply assume the legal consequences of this dissolution — or instruct their lawyers to do so.
(Instead of paying them €20,000 to €30,000 per year to try to circumvent this ruling…)
Municipal decisions now invalid
The ruling of 12/12/2017 nullifies several municipal acts, including the October 2016 decree in which the town hall claimed that the EUCC could not be dissolved until the ruling of 20 July (on reurbanization/reparcelling) had been implemented.
This reasoning is false. It is now null and void.
The town hall can no longer avoid responsibility
Since 21 July 2016, the town hall has been legally responsible. There is no legal vacuum: even without the EUCC, the municipality is obliged to provide minimum services to its residents. This is a legal obligation.
If it fails to do so, it is acting illegally.
It is exposed to criminal prosecution or, at the very least, administrative fines.
Our lawyer, Maître Barquin, recommends filing a complaint for each failure by the town hall to provide minimum services (water, roads, street lighting, etc.).
He is convinced that after ten fines, the municipality will cease its delaying tactics.
Time to break free from resignation
We, the residents of Planas del Rey, have been accustomed to an unjust situation for far too long.
But today, we must realize that: even if the town hall continues to claim that we are a private urbanization, it has the legal duty to provide basic public services.
And if it refuses, it will be held accountable.
Two rulings, two separate obligations
The TSJC judges have always made it clear to Maître Barquin:
Both rulings (that of 21 July and that of 20 July) must be applied separately.
In other words, regardless of the outcome of the appeal still pending before the Supreme Court in Madrid concerning reurbanization, the town hall will have to carry out the works, but without reinstating the EUCC.
So without the “convenio” that required property owners to finance 100% of the works.
Because the EUCC is definitively dissolved.
And the town hall — along with its lawyers — must fully assume the consequences of this situation without further delay.
Gérard Marais
Association de Vecinos Les Planes del Rei (SOS Planas)
