On July 21, 2016, the High Court of Justice of Catalonia issued a ruling that will go down in the history of Planas del Rey. After years of legal battles, the judges finally confirmed what residents had been denouncing for a long time: the continuation of the Urbanistic Conservation Entity (EUCC) was illegal.
A long-standing battle
This ruling follows a legal action filed by several owners of our urbanisation, some of whom are now well-known figures in Planas. They were challenging the inaction of the Pratdip Town Hall, which refused to dissolve the EUCC despite official requests from residents.
The first round, before the court of Tarragona in 2013, ended with a partial victory. But the owners did not give up and took the case to the High Court of Justice of Catalonia.
A clear verdict
In its decision of July 21, 2016, the highest administrative court in Catalonia was clear:
“Upon the entry into force of Legislative Decree 1/1990, property owners were only legally obliged to maintain and conserve the urbanisation for a maximum period of five years. That period expired long ago, making the dissolution of the EUCC legitimate.”
In other words, the EUCC should have been dissolved no later than 1995, five years after the regional law came into force.
A Town Hall that turned a blind eye
This ruling highlights the attitude of the Pratdip Town Hall, which deliberately ignored its legal obligations. By allowing the EUCC to continue well beyond the period set by law, the municipality offloaded its responsibilities onto the shoulders of property owners.
For all these years, the EUCC continued to demand fees, even though it no longer had any legal existence.
And now?
This court decision, although issued in 2016, has long been downplayed, even ignored, by the Town Hall. Yet, it provides a solid legal basis to demand that the Town Hall finally assume its responsibilities and take charge of the management and maintenance of our urbanisation, as required by law.
It is now up to the residents to assert their rights and to remind the authorities, with evidence in hand, that the time when the EUCC served as a shield for municipal inaction is well and truly over.
Document: Ruling of the High Court of Justice of Catalonia – July 21, 2016
Reference: Appeal roll no. 184/2013 – Administrative contentious appeal no. 582/2010
Parties:
- Appellants: Several property owners of Planas del Rey, including Gérard Marais
- Defendants: The Pratdip Town Hall and the Urbanistic Conservation Entity (EUCC) of Planas del Rey
Summary and key points:
1. Background:
The property owners filed a legal action against:
- The Pratdip Town Hall, for its administrative silence regarding their request to dissolve the EUCC.
- The EUCC, for various contested agreements.
The first instance court (Tarragona) partially rejected their request in March 2013.
2. Decision of the High Court:
The High Court of Justice of Catalonia partially overturned the previous decision and ruled in favour of the property owners on a fundamental point:
- The dissolution of the EUCC is legally justified.
Main reasons:
- According to Legislative Decree 1/1990, the obligation for property owners to maintain and conserve the infrastructures of the urbanisation could not legally exceed 5 years after the decree came into force, that is, after July 13, 1990.
- That period has long expired, so the continued existence of the EUCC was no longer legally justified.
3. Conclusion of the Court:
The Court:
- Partially upheld the appeal of the property owners.
- Ordered the dissolution of the EUCC, as its continuation was contrary to current legislation.
- Did not order either party to pay legal costs.
Importance of this decision:
- Clear legal confirmation: the EUCC has lacked legal foundation for a long time.
- This decision sets a legal precedent confirming:
- The obligation of the Pratdip Town Hall to take charge of the urbanisation.
- The illegality of continuing to impose fees on property owners via the EUCC beyond the legal time limit.
