A clear and definitive court decision: the EUCC is dissolved
Dear friends,
Rarely has a judge’s letter been awaited with such impatience by the residents of Planes del Rei. But this time, it’s here: It has arrived. It’s here. And it is crystal clear.
What does it say?
It confirms that the ruling of the High Court of Justice of Catalonia (TSJC) is directly applicable. It must be respected to the letter.
Specifically:
- The municipality of Pratdip must acknowledge that the EUCC is already dissolved by this judicial decision.
- It must draw all the necessary legal and administrative consequences.
- A liquidation entity must now replace the EUCC, in order to close the accounts and end the functioning of the dissolved entity.
What the judges say
It is important to recall the legal basis for this decision. The judges in Barcelona referred to the legal text underlying their ruling:
“The obligation of maintenance and conservation of the urbanization imposed on the property owners must last only for the planned period, which may not exceed five years. During this time, the municipal council adopts development measures or levies taxes in order to assume, after five years, the charges temporarily imposed on the owners.”
They further specify:
“With the entry into force of Legislative Decree 1/1990, published in the DOGC on July 13, 1990, the obligation to maintain and conserve the urbanization could not be extended beyond five years, a period that has long been exceeded. It is therefore necessary to accept the administrative appeal requesting the dissolution of the Collaborative Urbanistic Conservation Entity.”
And finally, the judges conclude very clearly:
“It is necessary to DECLARE THE DISSOLUTION of said EUCC.”
The management of Planas returns to the municipality of Pratdip
Those who still doubted it can no longer ignore the fact: the management of Planas is now the responsibility of the municipality of Pratdip. The judge of Tarragona has just confirmed it unequivocally.
A decisive turning point for democracy in Planas
This decision gives us strong legal tools to resist the authoritarian tendencies of the mayor of Pratdip, who seems to believe he can ignore the law as if we lived in another country or another era.
We must also praise the courage of the residents of our urbanization, who have decided that from now on, democracy and justice will reign in Planes del Rei.
Gérard Marais
President of SOS Planas