[et_pb_section fb_built=”1″ admin_label=”Section-Article” module_class=”section-article” _builder_version=”4.16″ custom_margin=”0px|0px|0px|0px” custom_padding=”0px|0px|0px|0px” global_colors_info=”{}”][et_pb_row use_custom_gutter=”on” gutter_width=”1″ admin_label=”Ligne-Article” module_class=”ligne-article et_pb_row_fullwidth” _builder_version=”4.16″ width=”100%” width_tablet=”100%” width_phone=”” width_last_edited=”on|desktop” max_width=”100%” max_width_tablet=”100%” max_width_phone=”” max_width_last_edited=”on|desktop” custom_margin=”0px||0px” custom_padding=”0px||0px” make_fullwidth=”on” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text admin_label=”Texte-30 August 2018: SOS Planas asks for the EUCC liquidation to be completed and several agreements to be reviewed” module_class=”txt-article” _builder_version=”4.27.9″ text_font=”||||||||” header_font=”||||||||” header_2_font=”||||||||” header_3_font=”||||||||” header_4_font=”||||||||” header_5_font=”||||||||” hover_enabled=”0″ global_colors_info=”{}” sticky_enabled=”0″]<\/p>\n
On 30 August 2018, the Les Planes del Rei Residents\u2019 Association, also known as SOS Planas<\/span>, submits a formal application to Pratdip Town Council.<\/p>\n This action comes two years after the judicial dissolution of the Planes del Rei EUCC, at a time when the practical consequences of its disappearance are still being debated.<\/p>\n The association makes three main requests: to complete the liquidation of the former EUCC, to challenge several agreements signed with it, and for the Town Council to provide the public services that SOS Planas considers should now fall under municipal responsibility<\/span>.<\/p>\n The document establishes that these requests were formally submitted to the Town Council. It does not, however, constitute either an administrative decision or a court ruling confirming the legal interpretation put forward by the association.<\/p>\n The association bases its action mainly on the ruling issued on 21 July 2016 by the High Court of Justice of Catalonia<\/a>, which had ordered the dissolution of the Planes del Rei EUCC.<\/p>\n It also refers to the order of 12 December 2017<\/a> concerning the enforcement of this dissolution.<\/p>\n The order states, among other things, that after the dissolution the entity\u2019s governing body becomes a liquidation body<\/span>. Its role is to deal with outstanding matters, settle debts and collect any amounts still due before the entity can be finally closed.<\/p>\n In August 2018, SOS Planas considers that this liquidation has not been completed and asks the Town Council to intervene so that it can be brought to an end.<\/p>\n The application also contains a minor error in the date: its first heading refers to \u201c21\/06\/2016\u201d, while the body of the text correctly refers to the ruling of 21 July 2016<\/span>.<\/p>\n The second request concerns several agreements signed over the years between Pratdip Town Council and the EUCC.<\/p>\n SOS Planas considers that the judicial dissolution of the entity should bring an end to the effects of several of these agreements and asks the Town Council to declare them void.<\/p>\n The documents now available make it possible to identify some of the agreements mentioned in the application more precisely.<\/p>\n The association first refers to the agreement of 9 August 2002 between Pratdip Town Council and the EUCC concerning the maintenance of the development.<\/p>\n Among other things, this document distinguishes the registration of certain land in the name of the Town Council from the formal administrative acceptance of the development<\/span>. At that time, certain maintenance and completion obligations remained the responsibility of the EUCC.<\/p>\n SOS Planas also refers to the agreement of 10 September 2009 between the Town Council and the EUCC concerning the drinking water supply.<\/p>\n This agreement established a shared and transitional arrangement for several aspects of the water service in Planes del Rei.<\/p>\n The association also refers to the urban planning agreement signed on 19 February 2010 between Pratdip Town Council and the EUCC<\/a>.<\/p>\n This agreement organised cooperation between the two parties with the aim of completing the urbanisation works in Planes del Rei. Among other things, it provided that the Town Council would manage the works under the cooperation system, while their cost would remain the responsibility of the property owners<\/span>.<\/p>\n The agreement also provided that, once the development had been completed and formally accepted, the Town Council would take over the relevant land, infrastructure and services and the EUCC would be dissolved.<\/p>\n In August 2018, SOS Planas considers that the judicial dissolution that had occurred in the meantime calls into question the effects of this agreement.<\/p>\n The application also mentions an agreement that it presents as having been signed between Pratdip Town Council and the EUCC in connection with the Comaigua<\/span> service.<\/p>\n One document preserved in the archives of La Tribune de Planas is relevant to this reference: the agreement of 28 December 2010 concerning the drinking water service in Planes del Rei.<\/p>\n However, this is not exactly the document described in the SOS Planas application<\/span>. The agreement was signed between the Consell Comarcal del Baix Camp and Pratdip Town Council; the EUCC was not a signatory. It sets out various services relating to the management of the water supply.<\/p>\n On the basis of the documents currently available to us, it is therefore not possible to state that this is the agreement referred to by SOS Planas in its request of 30 August 2018.<\/p>\n For the association, the legal disappearance of the EUCC should render the agreements to which it was a party ineffective and transfer certain obligations to Pratdip Town Council.<\/p>\n This interpretation must, however, be distinguished from what the courts had actually decided.<\/span><\/p>\n The 2016 ruling had ordered the dissolution of the EUCC, and the December 2017 order had dealt with its enforcement. These decisions did not automatically declare all earlier agreements void, nor did they determine, service by service, that every obligation had transferred to the municipality.<\/p>\n The request of 30 August 2018 therefore reflects SOS Planas\u2019s position on the legal consequences of the dissolution<\/span>, rather than a court ruling establishing that all of these agreements were void.<\/p>\n The third part of the application concerns the difficulties experienced in Planes del Rei during 2018.<\/p>\n SOS Planas argues that several court decisions require the municipality to take responsibility for certain services and criticises the Town Council over the situation in a number of areas:<\/p>\n A few days earlier, these problems had already led several residents to file two formal complaints with the Reus court on 24 August 2018<\/a>.<\/p>\n Here again, an important distinction must be made: the application sets out SOS Planas\u2019s position on the responsibilities of the Town Council<\/span>. It does not itself constitute a court ruling determining the respective obligations of the municipality and property owners for each of these services.<\/p>\n At the end of its application, SOS Planas asks Pratdip Town Council:<\/p>\n The action comes in a particularly tense context in Planes del Rei. Six days earlier, three residents had filed two separate complaints with Investigating Court No. 4 in Reus concerning, among other issues, water cuts, public lighting, wastewater treatment and various infrastructure problems.<\/p>\n Two years after the court ruling ordering the dissolution of the EUCC, the dissolution itself was established, but its administrative, contractual and practical consequences continued to give rise to differing interpretations between some property owners and the Town Council<\/span>.<\/p>\n La Tribune de Planas<\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" On 30 August 2018, the Les Planes del Rei Residents\u2019 Association, also known as SOS Planas, submits a formal application to Pratdip Town Council. This action comes two years after the judicial dissolution of the Planes del Rei EUCC, at a time when the practical consequences of its disappearance are still being debated. The association […]<\/p>\n","protected":false},"author":1,"featured_media":33182,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[205],"tags":[],"class_list":["post-10452","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-articles-from-2015-to-2018"],"yoast_head":"\n
\nA liquidation that SOS Planas considers incomplete<\/h2>\n
\nSeveral earlier agreements challenged<\/h2>\n
The 2002 urban planning agreement<\/h3>\n
The 2009 water agreement<\/h3>\n
The urban planning agreement of 19 February 2010<\/h3>\n
\nA reference to the Comaigua service that remains to be identified<\/h2>\n
\nThe invalidity of the agreements remains SOS Planas\u2019s position<\/h2>\n
\nPublic services at the centre of the third request<\/h2>\n
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\nThree requests submitted to the Town Council<\/h2>\n
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\nReference documents<\/h3>\n
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