Appeal judgment (procedure 75/2008) issued on January 25, 2008, concerning the litigation of the urbanization Planas del Rey (Planes del Rei). The appeal was filed by the Town Hall of Pratdip against the execution decisions of the judgment of 11/23/1993 (order of 10/29/2001). The Town Hall of Pratdip was dismissed on appeal and ordered to pay costs.
1) Nature of the document
- Appeal judgment issued on 01/25/2008, No. 75/2008.
- Concerning the execution of the judgment of 11/23/1993 confirmed by the order of 10/29/2001.
- Context: regularization and mandatory transfers (roads, green areas, facilities) of Planas del Rey (Planes del Rei).
2) Parties and procedure
- Appellant: Town Hall of Pratdip.
- Respondent: EUCC Les Planes del Rei.
- Subject: challenge to the execution decisions of the 1993 judgment enacted in 2001.
3) Claims on appeal (summary)
- The Town Hall requested the overturning of the execution decisions and the revision of their effects.
- The EUCC requested confirmation of the execution and the maintenance of the corresponding obligations.
4) Decision (Ruling – FALLAMOS)
- Appeal dismissed: the Town Hall of Pratdip is rejected.
- Confirmation of the challenged decision relating to the execution (2001) of the judgment (1993).
- Ordered to pay costs of the appellant (Town Hall).
(Wordings consistent with the ruling of the judgment of 01/25/2008.)
5) Legal scope and effects
- Validation of the 2001 execution: the obligation of transfer of common assets and the regularization remain fully valid.
- The Town Hall’s attempts to contest them are rejected by the court of appeal.
- Strengthening of the case in favor of the owners and the EUCC to obtain the official reception of the urbanization.
6) Useful chronology (landmarks)
- 11/23/1993: Falset judgment on mandatory transfers.
- 10/29/2001: Execution order of the 1993 judgment.
- 01/25/2008: Appeal rejected, confirmation of execution, costs charged to the Town Hall.
7) Key points to remember
- Pratdip Town Hall loses on appeal: the contentious route neither suspends nor cancels the obligations from 1993/2001.
- The legal certainty of the transfers and the reception of the urbanization is reinforced.
