Ordinary General Assembly of the Asociación de Vecinos de Planes del Rei (SOS Planas)
A commitment to the rule of law
Since 2010, our association has believed in the existence of a true rule of law in Spain—member of the European Union—where the separation of powers is supposed to be guaranteed. At the time, many thought we stood no chance against the powerful municipality of Pratdip. Indeed, with an annual budget of €1,700,000 for just 250 residents (compared to an average of €170,000 to €250,000 elsewhere in Europe), this town hall could afford top lawyers.
The two rulings by the High Court of Justice of Catalonia
In July 2016, our association obtained two final (non-appealable) rulings from the High Court of Justice of Catalonia (TSJ):
- The dissolution of the EUCC – We won.
- The reparcelling / reurbanisation of Planas – We lost, at least temporarily.
1. Dissolution of the EUCC: a clear legal victory
Our lawyer, Mr. Barquín, filed for the enforcement of the ruling in September 2016. The municipality attempted to block it, arguing that the request had been submitted too early. This delayed the enforcement by six months. A new request was submitted on June 29, 2017. This time, the judge certified that the municipality could no longer raise objections. Enforcement therefore became inevitable.
The judges were very clear:
“The obligation to maintain the urbanisation cannot exceed five years. Once this period has passed, the municipality must assume the associated costs.”
This five-year period expired in 1995. Beyond that, any additional charges were illegal. The double taxation we suffered for another 21 years should never have existed.
“It is necessary to DECLARE THE DISSOLUTION of the said EUCC,” the judges concluded.
A necessary civic mobilisation
We regret that our association was the only one, last autumn, to officially request enforcement of this ruling. This lack of unity was perceived—even by the judge and the municipality—as a sign of internal division in Planas.
Fortunately, the situation is changing:
Mr. Òscar Serrano, councillor representing Planas, had the courage to sign the enforcement request.
Our British neighbours also overwhelmingly supported a petition in favour of enforcement.
The more people submit requests to the judge, the more likely it is that the ruling will be enforced quickly.
2. The ruling on reparcelling: towards reopening the case
Although we lost that case, new evidence surfaced in April 2017: the municipality allegedly submitted falsified documents to the court. Given the seriousness of this situation, our lawyer brought the matter to the attention of the Public Prosecutor at the Supreme Court in Madrid. In June 2017, the Prosecutor approved a potential reopening of the case.
We can now hope for a new procedure that would lead to a fair reurbanisation, involving the State, the autonomous region, the municipality, and the property owners—rather than 100% of the cost being imposed on owners, as established in the “convenio” signed between the EUCC and the municipality.
3. The position of the municipality: pressure, confusion, and manoeuvres
The municipality continues to issue confusing decrees and circulars aimed at intimidating us and pushing us to pay. Do not give in to the pressure.
They claim that the EUCC cannot be dissolved because it is required to carry out the works. This is false.
The judges have ruled:
- The dissolution of the EUCC must be enforced regardless of the works.
- The works must be carried out, but within a different legal framework.
If the EUCC disappears, so do the “convenios”—which means the 100% cost burden on property owners also disappears. This is what the municipality cannot accept, because they refuse to finance even a small part.
4. What now? No turning back.
While waiting for the full enforcement of the ruling:
Do not pay anything to any new entity claiming to manage Planas.
Do not accept the creation of any new association replacing the EUCC.
Stay united—justice is on our side.
Despite threats, know that:
Water supply and waste collection will continue, because the municipality is bound by another ruling from the TSJ dated 2010.
Mail delivery will continue as usual.
Emergency services will respond, and in case of flooding or accidents, firefighters will intervene. The municipality will be held criminally responsible if it fails to act. European laws also apply here.
After the General Assembly
Following our A.G., around forty members and supporters signed a request for enforcement of the ruling. It has been submitted to the judge.
We must now wait calmly for the enforcement order, which should arrive shortly.
In summary
Do not pay anything to any entity claiming to manage the urbanisation.
Reject any new structure seeking to replace the EUCC.
Do not be intimidated.
If you are a victim of harassment, file a complaint. The association is here to help you.
We are—and will remain—under the protection of the law.
Asociación de Vecinos Les Planes del Rei (SOS Planas)
-Read also: The court rules: the EUCC of Planas del Rey should have been dissolved since 1995
-Read also: Here what the judges of the Higher Court of Justice of Catalonia
-Read also: Planas del Rey: What the Dissolution of the EUCC Changes
-Read also: But finally, that’s it: she has arrived, SHE IS HERE !!
