Context and Purpose
This is a ruling by the Tribunal Superior de Justicia de Cataluña (TSJC), concerning a legal dispute related to the urbanisation of Planas del Rey, and more specifically, the legal competencies of the EUCC (Entidad Urbanística de Conservación).
Main Decision
The court declares that the EUCC of Planas del Rei has no legal competence to provide drinking water and waste collection services, as these services fall exclusively under the responsibility of the municipality, in this case, the Town Hall of Pratdip.
The ruling confirms and reminds that:
Essential public services, such as drinking water and waste collection, fall under the mandatory competencies of the municipality, in accordance with Spanish law (Ley Reguladora de las Bases del Régimen Local).
The EUCC, as a conservation entity, may only intervene in maintenance or conservation matters if the infrastructures have been officially handed over and accepted by the municipality, which is not the case here.
The fact that the urbanisation has not been officially accepted does not exempt the Town Hall from its obligation to provide minimum essential services, particularly those concerning public health and sanitation.
Legal Consequences
This ruling sets an important legal precedent, notably:
The illegality of the EUCC charging for services such as water or waste collection, as long as these services have not been officially transferred or accepted by the municipality.
The obligation for Pratdip Town Hall to guarantee basic services, regardless of the administrative status of the urbanisation.
The EUCC cannot be forced to provide services that are legally under the responsibility of the municipality.
Connection to the 2009 Agreement
The agreement signed in 2009 between the Town Hall and the president of the EUCC, which aimed to regulate the management of drinking water and waste collection, came after this ruling, raising several concerns:
This agreement appears to contradict the legal precedent established by the TSJC in 2008.
It was signed without consultation or approval from the management council, further weakening its legitimacy from an internal governance perspective.
It may be interpreted as an attempt by the Town Hall to circumvent its legal obligations by maintaining the EUCC as the manager of services for which it has no legal competence.
Conclusion
This document is a key piece of evidence for any initiative aimed at reminding Pratdip Town Hall of its legal obligations.
It clearly demonstrates that essential services are indeed the responsibility of the Town Hall.
It can be used to challenge the EUCC’s previous practices and to underline that the 2009 agreement was legally questionable, both from a legal standpoint (in light of this ruling) and from a democratic perspective (due to the lack of consultation).
Association de Vecinos Les Planes del Rei (SOS Planas)
