{"id":20669,"date":"2022-02-22T19:22:15","date_gmt":"2022-02-22T18:22:15","guid":{"rendered":"https:\/\/www.latribunedeplanas.com\/?p=20669"},"modified":"2026-09-07T10:32:03","modified_gmt":"2026-09-07T08:32:03","slug":"excellent-news-that-sounds-like-a-victory","status":"publish","type":"post","link":"https:\/\/www.latribunedeplanas.com\/en\/excellent-news-that-sounds-like-a-victory\/","title":{"rendered":"14 February 2022: the court clarifies the role of the EUCC liquidation body"},"content":{"rendered":"

[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-14 February 2022: the court clarifies the role of the EUCC liquidation body” module_class=”txt-article” _builder_version=”4.27.8″ text_font=”||||||||” header_font=”||||||||” header_3_font=”||||||||” global_colors_info=”{}” header_2_font=”||||||||” header_4_font=”||||||||” header_5_font=”||||||||” hover_enabled=”0″ sticky_enabled=”0″]<\/p>\n

On 14 February 2022, Administrative Court No. 1 of Tarragona issued Order No. 35\/2022 in the proceedings to enforce the judgment that had declared the dissolution of the EUCC of Planas del Rey.<\/p>\n

The court declined to rule on whether the liquidation body could use compulsory enforcement proceedings to recover outstanding maintenance fees. It considered that this financial issue did not fall within the scope of the enforcement proceedings.<\/p>\n

The order nevertheless provided an important clarification: the liquidation body may only take the steps strictly necessary to liquidate and bring the EUCC to a definitive end<\/span>.<\/p>\n

The application was submitted by several property owners in Planas del Rey, identified in the order as \u201cGerardus Jansen and others\u201d, together with Juan Oliver Saladrigas. They were represented by lawyer Jordi Barqu\u00edn de C\u00f3zar Roura.<\/p>\n

The respondents in the enforcement proceedings were Pratdip Town Council and the Urban Development Conservation Entity of Planas del Rey.<\/p>\n

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An order issued as part of the dissolution proceedings<\/h2>\n

These proceedings originated in the judgment delivered on 21 July 2016 by the High Court of Justice of Catalonia<\/a>, which declared the dissolution of the Urban Development Conservation Entity of Planes del Rei.<\/p>\n

The enforcement of that judgment was being handled by Administrative Court No. 1 of Tarragona under case number 14\/2017. Order No. 35\/2022 was issued in separate incidental proceedings opened within that enforcement case.<\/p>\n

The question submitted to the court concerned the powers of the body responsible for liquidating the EUCC.<\/p>\n

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The question of outstanding maintenance fees<\/h2>\n

The court was asked to determine whether the liquidation body could initiate compulsory recovery proceedings to collect maintenance fees that had become due before the dissolution of the EUCC.<\/p>\n

The court did not rule on the merits of this question.<\/p>\n

It considered that issues concerning the actions of the liquidation body did not form part of the enforcement of the judgment declaring the dissolution. It also recalled that financial matters had been excluded from the main proceedings for procedural reasons.<\/p>\n

Order No. 35\/2022 therefore did not determine whether the outstanding fees could or could not be recovered. It merely stated that this question would have to be examined, if necessary, in separate proceedings<\/span>.<\/p>\n

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The dissolution had already been legally declared<\/h2>\n

The court recalled that the judgment being enforced was limited to declaring the dissolution of the EUCC.<\/p>\n

The dissolution had already been ordered by the courts and confirmed by the High Court of Justice of Catalonia. According to Order No. 35\/2022, no further judicial decision was required for the entity to be legally dissolved<\/span>.<\/p>\n

However, the necessary steps still had to be taken to settle its administrative, accounting and financial affairs. This was precisely the purpose of the liquidation body.<\/p>\n

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A body with strictly limited powers<\/h2>\n

The order provided an important clarification regarding the role of this body.<\/p>\n

The court stated that its practical powers were not necessarily different from those previously held by the EUCC\u2019s management body. Their purpose, however, was now strictly limited.<\/p>\n

The liquidation body may only take the steps strictly necessary to liquidate and bring the entity to a definitive end.<\/span><\/p>\n

It could therefore not continue the EUCC\u2019s ordinary activities as though the entity were still responsible for the permanent maintenance of the residential development.<\/p>\n

The court also explained that any actions taken by the liquidation body could be challenged through the appropriate legal channels. However, the proceedings to enforce the dissolution were not the correct forum in which to examine those actions.<\/p>\n

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The application in the enforcement proceedings is dismissed<\/h2>\n

In its final decision, the court dismissed the application raised in the enforcement proceedings. It therefore ordered the closure of the separate proceedings without awarding legal costs against either party.<\/p>\n

This wording is important: the application submitted to the court was dismissed<\/span>. Order No. 35\/2022 therefore did not represent a complete victory for the applicants.<\/p>\n

The court nevertheless ordered that a copy of its decision be added to the main enforcement proceedings.<\/p>\n

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One month to provide certification<\/h2>\n

The court required the EUCC to certify:<\/p>\n