In 1987, the Pratdip Municipal Council decided to create the EUCC of Planes del Rei. However, according to the decree-law of July 1990, this conservation entity could only last for five years.

In July 2016, the High Court of Justice of Catalonia (TSJC), relying on this law, declared the entity illegal and ordered its dissolution.

Institutional discrimination since 1993

The logic of the law was clear: at the end of those five years, in 1993, the Pratdip Town Hall should have:

• dissolved the EUCC; and
• fully integrated the urbanisation of Planes del Rei into the municipality.

Instead, successive municipal teams have deliberately maintained discrimination between residents of Pratdip centre—mostly native Catalans—and those of Planes—mostly of foreign or non-Catalan Spanish origin.

In a radio interview with Radio Ciutat, you yourself made disparaging remarks towards these “residents from below,” implicitly describing them as second-class citizens.

By maintaining this situation, the municipality has violated Article 22 of Title III of the Charter of Fundamental Rights of the European Union, which prohibits all discrimination among citizens.

An illegal and discriminatory double taxation

Since 1993, residents of Planes have been subjected to double taxation: on one hand, the IBI collected by the Town Hall; on the other, the fees charged by the EUCC.

This double taxation is prohibited by European regulations signed by Spain. It now exists only in certain authoritarian countries targeting religious or ethnic minorities.

Over a period of 23 years, from 1993 to 2016, this system enabled the misappropriation of more than 11 million euros:

• €5,750,000 in IBI
• €5,290,000 in subsidies from the Vandellòs nuclear power plant (zone 1C)

These amounts should have been allocated to the maintenance and nuclear compliance upgrades of Planes del Rei. They were not.

Serious consequences for residents

The municipality’s negligence has led to major harm:

• Since October 31, 2017, the sewage treatment plant has been out of service: wastewater is being discharged into the Rio Llastre, just above aquifers supplying Miami Platja and Hospitalet de l’Infant.
• The lack of street lighting increases insecurity.
• Basic public services are not being provided.
• The property value of homes has plummeted due to the legal uncertainty maintained by your refusal to apply the rulings of the TSJC and the Generalitat.

Our demands

Given this situation, we demand:

• the immediate provision of basic public services in Planes, funded by the IBI paid by its residents (€250,000/year);
• the effective integration of Planes into the municipality of Pratdip, in accordance with the July 21, 2016 ruling;
• the implementation of renovation works and nuclear compliance ordered on July 20, 2016, funded by the nuclear plant subsidy (€230,000/year);
• the full reimbursement of unlawfully collected sums from 1993 to the present.

If ignored, we will appeal to European courts

If you fail to respond, we will file legal action before:

• the Court of Justice of the European Union (CJEU),
• and the European Court of Human Rights (ECHR),

with the risk that Spain and the Generalitat will be convicted for violating European commitments and citizens’ fundamental rights.

Sincerely,

Gérard Marais
On behalf of the association “Vecinos de Planes del Rei” (SOS Planas)

-Read also: The court rules: the EUCC of Planas del Rey should have been dissolved since 1995