In 2008 and 2010, two major court rulings highlighted the serious irregularities in the management of Planas del Rey by the Pratdip Town Hall and the Urban Conservation Entity (EUCC). These rulings reminded that certain services, such as drinking water and waste collection, fall exclusively under municipal responsibility. Nevertheless, the local authorities chose not to comply with these rulings.
1. The ruling of January 25, 2008: the court annuls the water and waste quotas
Following a complaint by a resident of Planas, Gérard Fenouillet, the High Court of Justice of Catalonia partially annulled the decisions made by the EUCC during its assembly on October 6, 2004.
The court ruled that:
- The urban quotas decided by the EUCC, including the fees related to drinking water and waste collection, were null and void, as these services do not fall under its competence.
- These services must be provided and invoiced by the Pratdip Town Hall as a public service.
However, the court did not annul all of the EUCC’s decisions nor did it force the Town Hall to proceed with the official reception of the urbanisation.
2. The enforcement order of July 19, 2010: a Town Hall that refuses to comply
Two years after this ruling, the Contentious-Administrative Court of Tarragona found that:
- The illegal quotas had not been refunded to property owners.
- New bills continued to include charges for water and waste, in violation of the court ruling.
The court therefore ordered:
- The Pratdip Town Hall to formally identify the body responsible for executing the ruling.
- The EUCC to provide the full identity of its board members.
- The immediate and complete enforcement of the 2008 ruling.
3. A confirmed lack of enforcement
Despite these clear orders, the case reveals that the Pratdip Town Hall and the EUCC have never complied with these court decisions. Neither the refunds nor the administrative regularisation have been carried out, thus maintaining a legally and administratively uncertain situation in Planas del Rey.
These two court decisions are part of a long-standing legal dispute between the residents of Planas, the Pratdip Town Hall and the EUCC, revealing the many grey areas that still surround the management of this urbanisation.
– Read also : Contract between the Baix Camp, the City hall of Pratdip and the Comaigua company
