On January 25, 2008, the Audiencia Provincial de Tarragona (Sección 1ª) issued a ruling confirming Judgment No. 203/2006 and dismissing Appeal No. 21/2005 filed by the Town Hall of Pratdip.
This case is related to the urbanization Planas del Rey (Planes del Rei) and the enforcement of the judgment of 23/11/1993.
The Town Hall was dismissed and ordered to pay costs.
1) Nature of the document
- Appeal ruling issued by the Audiencia Provincial de Tarragona – Sección 1ª.
- Date: January 25, 2008.
- References: Judgment No. 203/2006 (first instance) – Appeal No. 21/2005.
- Appellant: Town Hall of Pratdip.
- Subject: challenge to the enforcement of the 1993 judgment.
2) Context
- The judgment of November 23, 1993 required the mandatory and free transfer of common assets (roads, green areas, infrastructures) of the urbanization.
- An order of 29/10/2001 from the Court of Falset had already ordered its enforcement.
- The Town Hall filed multiple appeals in an attempt to avoid assuming its obligations.
3) Court decision
- The appeal was dismissed.
- The 2006 judgment was confirmed.
- The Town Hall of Pratdip was ordered to pay costs.
4) Legal significance
- Confirmation of the finality and enforceable nature of the 1993 judgment.
- The infrastructures must be considered transferred to the Town Hall.
- Another judicial defeat for the Town Hall, which can no longer invoke arguments to refuse the reception of the urbanization facilities.
