What Catalan justice says about the lifespan of an EUCC: a maximum of five years!
The High Court of Justice of Catalonia (TSJC) clearly stated in its ruling no. 184/2013 of July 21, 2016 that the obligation to maintain an urbanization can only be imposed on property owners for a maximum of five years. Beyond that, it is the municipality’s responsibility to take over.
Here is what the judges specifically stated:
“Transitional provision 7, paragraph 3, of Legislative Decree 1/1990 of July 12, approving the consolidated text of the legislation in force in Catalonia on urban planning, states that ‘the obligation to maintain and conserve the urbanization imposed on property owners shall not exceed five years. Within that period, the town hall must adopt the necessary tax or development measures to be able to assume, thereafter, the burden temporarily imposed on the owners.’”
In other words, as of July 13, 1990 (the date this decree entered into force), the municipality of Pratdip had five years — until 1995 — to take responsibility for Planas del Rey. Beyond that date, continuing to impose this responsibility on property owners is contrary to the law.
The legal dissolution of the EUCC pronounced in 2016
The same ruling adds:
“Therefore, the administrative appeal concerning the request for dissolution of the Urban Conservation Collaborative Entity (EUCC) is upheld. (…) Consequently, WE DECLARE THE DISSOLUTION of said EUCC.”
“This decision is final and cannot be appealed.”
Our lawyer’s analysis, Me Jordi Barquin
Upon receiving the ruling, our lawyer wrote:
“Dear property owners,
We have been informed of the ruling regarding the illegality of the EUCC. The High Court of Justice of Catalonia, in its ruling no. 184/2013 of July 21, 2016, has decreed the dissolution of the entity. This means that the EUCC and its members no longer have any power: they can no longer impose fees, pay for maintenance, or manage expenses.
An intense period of work now begins to compel the town hall to formally take over the urbanization, stop the collection of fees, halt redevelopment expenses, and close the EUCC’s accounts as of September 14, 2016.”
Jordi Barquin de Cozar, lawyer and mediator
A ruling only applies if its enforcement is requested
In Spain, a court ruling is only enforceable if someone requests its application. As soon as we realized that the Pratdip town hall would not voluntarily comply with the ruling, our lawyer filed, in late September 2016, a motion with the judge in charge of enforcement of judgments.
The town hall should receive the official notification from this judge in the coming days. It should be noted that refusing to comply with a court ruling is a political offense, subject to criminal penalties.
Can a municipal decree override a ruling from the Catalan Supreme Court?
We shall see whether a simple municipal decree can overturn a final ruling from a High Court of Justice, based on a national legislative decree.
If that were the case, it would be time to consider leaving the country.
Any resident of Planas can request the enforcement of the ruling
Any property owner can ask a lawyer to file a motion with the Enforcement Judge to enforce the ruling to dissolve the EUCC.
To that end, we can provide the full ruling to anyone who requests it.
On behalf of the Asociación de Vecinos de Planes del Rei
Secretary: Frédérique Burgos
President: Gérard Marais
