Since 1968, the management of the Urbanization was taken over by the “Club of owners of Planas del Rey” on the basis of a double taxation system:
- on the one hand the IBI, property tax paid to the state and redistributed to the municipality
- on the other hand, the “quotas”, charges paid by the owners, first to the “owners’ club” then from 1988 to the ECU (EUCC) for the routine maintenance of Planas.
Let us recall the figures for the last decade 2006/2016
- “Quotas” taxes paid by us to the EUCC: 230.000€ per year
- IBI, property tax paid by us to the state which redistributes it to the Town Hall of Pratdip for the maintenance of the urbanization.
But in reality spent by the Town Hall for its particular use: 230,000€ per year.
In 1985, on June 12, Spain signed the Treaty of Accession to the European Community which came into force on January 1, 1986. The double taxation system was prohibited by Europe and Spain had to eliminate this famous double taxation resembling a racket primarily intended for European tourists.
In July 1987, the Municipal Council of Pratdip created an ECU (entitat collaboradora urbanistica) which would become the EUCC.
The Spanish State in July 1990 limits to 5 years the maximum duration of “conservation and maintenance of urbanizations”. Clearly, the time given to an ECU to levy double taxation on the owners cannot exceed a period of 5 years.
Why create an ECU?
The creation an ECU (which for 5 years is authorized to break the rules of the European Union) is linked to the implementation of an urban planning project and nothing else…
So, if we understand what the law and the 2016 sentence of the Barcelona Court tell us, these famous works required of the owners of Planas so that they become citizens like those of Pratdip should have been carried out between 1988 and 1993.
However, this has not been done and if it has not been done, it is solely the responsibility of the Town Hall of Pratdip.
It was the Town Hall of Pratdip that had created the EUCC, and it was up to it, during these 5 years provided for by law (from 1988 to 1993), to carry out the work with the financial participation of the owners and the at the end of this period, to proceed with the dissolution of this EUCC.
Instead, the City Council authorized the EUCC to practice double taxation…until the TSJC (Higher Court of Justice of Catalonia) dissolved this Entity in 2016. Cost for the owners of this illegal levy during 11 years: approximately 5 million euros!
In 2016, after the dissolution of the EUCC by the TSJC, the City Council tried to make us believe that Planas was going to plunge into a vacuum…in a kind of administrative “no man’s land”.
It is not so, because in law, the vacuum does not exist.
The creation of an Administrative Entity (EUCC) by a hierarchically superior Administrative Entity (Town Hall of Pratdip in 1987) is a tool for carrying out a project.
In the event of dissolution of this vassal Entity by decision of Justice, it is obviously the Town hall which must regain control.
In other words, the legal responsibility of Planas, in the absence of the EUCC, automatically falls to the Town Hall of Pratdip.
As part of its refusal to obey the Law and Justice,, the Town Hall appealed the decision of the Sentencing Judge concerning the 2016 sentence. The Judge said that given the fact that the sentence of July 2016 appealed to the National Law of July 1990, “when the judges pronounce this sentence, the EUCC is automatically dissolved and the Town Hall has nothing else to do but to comply with the existing laws”
The Town Hall refusing this decision of the Judge, appealed. The result is coming in 2020. The TSJC proves the Town Hall wrongand orders her to pay a fine of €2,000.
But that does not convince this refractory Town Hall to go back on the right track:
- it refuses to apply minimum services, in particular municipal lighting.
- it tries to impose on the owners the creation of a new ECU with a budget for the first year of 103.000€.
Seeing that nothing could bring this Town Hall to reason and that it was even considering a step back, we decided in 2022, our association, AVPR (SOSPlanas) on the advice of our lawyer and with the help of our members to bring criminal complaint, before the Investigating Judge of REUS, against the current Mayor and his secretary..
Here are the 3 charges:
- Offense on land use planning and urban development under article 320.1 of the Penal Code, which condemns the defendants to 3 years in prison and a fine of €7,200
- Offense of prevarication of public officials and other unfair behavior of article 404 of the Penal Code which condemns the defendants to the penalty of disqualification from the public service and passive suffrage for a period of 10 years…
- Offense o disobedience and refusal of aid under article 410.1 of the Penal Code, which condemns the defendants to the penalty of disqualification from public functions and passive suffrage for a period of 2 years and a fine of €3,600
With only a few weeks to go before the municipal elections, there are still a number of misconceptions circulating, against which we must be determined:
- No, we are not a private urbanization.
- Yes, we are already integrated into Pratdip.
- No, we don’t have to do the work to be integrated in the conditions imposed by the Mairie (100% to be paid by the owners).
- But, we must carry out work because Planas needs it, and under the conditions set out in the “RECURSO D’ALZADA” presented by our Association to the Pratdip Town Hall and the Baix Camp in December/January 2021.
The Town Hall must pay its share, that is to say about 45%, because it owns nearly 45% of the territory of Planas (streets, green spaces, swimming pool, etc.)
For the “Asociación de Vecinos de Planes del Rei (SOSPlanes)”
President Gérard Marais