The ‘es Canons’ land owners urge the Balearic High Court to demand payment of 4.8 million euro

 

Cala Veya SL ask for the enforcement of the Supreme Court’s ruling and that they impose fines on the Environment Minister

Cala Veya SL, the owners of the ‘es Canons’ site in the Artà region, today asked the Balearic High Court of Justice to enforce the Supreme Court’s ruling of 5th October 2010 which ordered the Balearic Government to compensate the corporation in the sum of €3,867,288 plus late payment interest (€979,377) for declassifying it as building land and converting it back to a protected area in 2000. The amount to be paid is set to rise to approximately 4.8 million euro

Furthermore they will ask the Chamber of Administrative Litigation to impose punitive fines on the current Environment minister, Gabriel Vicens, just as it has done with the Mayor of Mancar in the Riuet de Porto Cristo bridge incident

This is how Cala Veya SL’s lawyer, Miquel Ripoll - Ripoll&Mateu Solicitors Mallorca, explains it, adding “we will also ask the Court, if it is deemed appropriate, to analyse whether legal responsibility can be drawn due to the fact that the passiveness of the Environment minister could constitute a crime of disobedience to authority”.

On the 10th December 2010 the General Technical Secretariat of the Ministry of the Environment was advising the Balearic High Court of Justice that the responsibility of carrying out the ruling lay with the Environment and Mobility minister and from that point in time she had a three month legal deadline. This period expired on the 10th March. The ‘es Canons’ ownership has shown its anger at the “passiveness” of the Ministry of the Environment.

So on 14th January and 4th March it demanded that the Balearic government enforce this ruling, without result. Ripoll pointed out that they are protected by law. “Article 106 of the Regulatory Law of Administrative Litigation states that in these cases, if it is necessary to make a budgetary change, the Administration has to make it within the three months following the official notification of the sentencing”.

Compensation

According to the land owners, “the damages incurred by the lack of payment of compensation are very significant given that it has the corporation knocking at creditors’ doors with negative effects not only for Cala Veya but also for their suppliers, businesses and workers.”  

 

El propietari d'Es Canons reclama els diners - RTVMallorca