Photo : Harenb01 / Wikimedia Commons – CC BY 3.0
On 26 September 2018, a new administrative step is taken in the disappearance of the former Urban Development Conservation Entity of Planas del Rey.
The Register of Urban Development Collaborating Entities of the Generalitat de Catalunya officially records the dissolution of the EUCC, in enforcement of the ruling issued on 21 July 2016 by the High Court of Justice of Catalonia.
The registration appears under number 4587, in volume 35 of the register. An official certificate confirming this registration is electronically signed the following day, 27 September 2018, by Montserrat Mestres Déu, the official responsible for the register.
In simple terms: the Generalitat is not making a new decision to dissolve the EUCC. It is formally recording in its administrative register a dissolution that had already been ordered by the courts in 2016.
The dissolution was ordered by the courts in July 2016
This registration stems from the ruling issued on 21 July 2016 by the High Court of Justice of Catalonia.
The court declared the dissolution of the Urban Development Conservation Entity of Planas del Rey.
This decision brought an end to the continued existence of the EUCC as a conservation entity, but it did not automatically resolve every issue concerning the formal acceptance of infrastructure, public services, earlier agreements or the future division of responsibilities between the Town Council and property owners.
In December 2017, the court dealt with enforcement of the dissolution
A further step followed on 12 December 2017.
Administrative Court No. 1 of Tarragona ordered the enforcement of the 2016 ruling and confirmed that the EUCC was already dissolved as a result of that judgment.
The former governing body was therefore required to act as a liquidation body, responsible for settling outstanding matters and bringing the entity’s administrative and financial affairs to a close.
However, this order did not state that Pratdip Town Council automatically had to take over all of the infrastructure or services in Planas.
The dissolution is entered in the register on 26 September 2018
The Generalitat certificate makes this third stage particularly clear.
The document states that, under registration nº 4587 in the Register of Urban Development Collaborating Entities, the official responsible for the register records on 26 September 2018 the dissolution of the Les Planes del Rei Conservation Entity, in the municipality of Pratdip.
The certificate expressly states that this registration is made:
“in enforcement of the TSJ ruling of 21 July 2016”.
The certificate itself is electronically signed in Barcelona on 27 September 2018.
This is therefore not a new political decision by the Generalitat, but rather the administrative registration of a dissolution that had already been ordered by the courts.
What this registration confirms
From this point onwards, there is an official administrative record showing that the judicial dissolution of the EUCC has also been entered in the relevant register of the Generalitat.
The certificate confirms in particular:
- the existence of registration nº 4587 concerning the Les Planes del Rei Conservation Entity;
- the registration of its dissolution on 26 September 2018;
- the direct link between this registration and the High Court of Justice of Catalonia ruling of 21 July 2016.
The document therefore provides official administrative confirmation that the dissolution has been entered in the Generalitat register.
What the certificate does not decide
It is equally important to clarify what this document does not determine.
The certificate does not address:
- the formal administrative acceptance of infrastructure in Planas del Rey;
- the transfer of ownership of individual facilities;
- the Town Council’s responsibility for each individual service;
- the validity or invalidity of earlier agreements signed with the EUCC;
- the financing of future urban development works;
- or the division of costs between the municipality and property owners.
The registration of the dissolution must therefore not be confused with the formal acceptance of the development or with an automatic transfer of all the former EUCC’s obligations to Pratdip Town Council.
A registration that follows a new initiative by SOS Planas
This registration comes less than a month after a further initiative by SOS Planas.
On 30 August 2018, the association had submitted a formal application to Pratdip Town Council, asking among other things for the EUCC liquidation to be completed, several earlier agreements to be reviewed and certain services to be taken over.
The registration by the Generalitat confirms that the dissolution of the entity has indeed been entered in the administrative register.
However, it does not confirm the other legal consequences that SOS Planas believed should follow from that dissolution.
What should be remembered
On 21 July 2016, the High Court of Justice of Catalonia declared the dissolution of the Planas del Rey EUCC.
In December 2017, the court dealt with the enforcement of that dissolution and the transition of the entity into liquidation.
Finally, on 26 September 2018, the dissolution is entered in the Register of Urban Development Collaborating Entities of the Generalitat de Catalunya. The corresponding certificate is signed on 27 September.
In simple terms: by September 2018, the dissolution of the EUCC is also formally recorded by the Catalan administration. This registration confirms the end of the entity as a conservation body, but does not in itself resolve the many outstanding issues concerning infrastructure, agreements, services and the redevelopment of Planas del Rey.
Jim – La Tribune de Planas
Official document
Certificate from the Register of Urban Development Collaborating Entities of the Generalitat de Catalunya confirming the registration, on 26 September 2018, of the dissolution of the Les Planes del Rei Conservation Entity in enforcement of the High Court of Justice of Catalonia ruling of 21 July 2016.
