On 21 July 2016, the Sección Tercera of the Sala de lo Contencioso-Administrativo of the Tribunal Superior de Justicia de Cataluña (TSJC) ruled on the appeal filed by several owners, grouped within the SOS Planas association, against the Ayuntamiento de Pratdip and the EUCC Les Planes del Rei.
The Court partially revoked the first instance judgment (26/03/2013, n°130/2013) and admitted the dissolution of the EUCC, marking a decisive victory for SOS Planas.
1) Context
- Procedure: appeal n°582/2010 filed by the owners through SOS Planas.
- First instance: Juzgado Contencioso-Administrativo n°1 de Tarragona, judgment of 26 March 2013 rejecting the request for dissolution.
- Parties on appeal: SOS Planas (appellants) vs. Pratdip Town Council and EUCC.
2) Court’s reasoning
- Legal framework: Legislative Decree 1/1990 (Catalonia Urban Planning Law).
- Maximum duration: obligation of the owners to maintain the urbanisation limited to 5 years after 1990.
- Finding: this period had long expired; the continuation of the EUCC was therefore devoid of legal basis.
3) Decision (Fallo)
- Appeal partially upheld in favour of SOS Planas and the owners.
- Partial revocation of the 2013 judgment.
- Recognition of the dissolution of the EUCC Les Planes del Rei.
- No order for costs (neither on appeal nor in first instance).
4) Importance and consequences
- Historic victory for SOS Planas: the EUCC should have disappeared as early as 1995.
- Prolonged illegality: more than 20 years of charges abusively imposed on the owners.
- Municipal responsibility: the Pratdip Town Council can no longer hide behind the EUCC to avoid providing the minimum public services.
- Legal instrument: basis for claiming reimbursement of contributions and for requiring the municipality to assume responsibility for services.
