It was practically the last way in the ordinary justice that Benidorm had to try to cancel the sentence of Serra Gela for which he is sentenced to pay compensation of 330 million, and he has not come to fruition. The Superior Court of Justice of the Valencian Community (TSJCV) has dismissed the nullity incident which presented the Consistory against the judicial ruling to try to stop the payment of that millionaire condemnation that includes the economic solvency of the local administration.
This is collected in a car of the Valencian Autonomic Court, to which this newspaper has had access, and in which it is stated that “There is no place for the nullity of judgment formulated by the City of Benidorm. “ The document has already communicated to the parties.
As this newspaper has already published, the Legal Services of the City Council decided to present this “Nullity incident of actions” against the previous fault of the TSJCV which ended the condemnation to compensate in a multimillionaire way to the owners of the plots in the urban sector APR-7. It was the step that took place after knowing the inadmissibility of the City Council before the Supreme Court.
The nullity incident of actions is an exceptional mechanism provided for in the Spanish legal system which allows to challenge firm judicial resolutions when there has been a violation of fundamental rights in the process, according to legal sources. He argument wielded was that “the nullity of actions is based on the violation of the right to effective judicial protection.”
This is the right that every person has obtain from the judges and courts a judicial resolution that protects their legitimate rights and interestsguaranteeing access to justice, defense and a fair process. It is a fundamental right recognized in the Spanish Constitution that ensures that there is no defenseless and that judicial resolutions are founded and motivated.
It should be remembered that the Advocacy of the Generalitat Valenciana He also presented allegations to this request for an incident of nullity of the City Council with forceful arguments in which he claimed the inadmissibility of what was presented by considering that he had the Consistory to request it before.
The sentence that condemned the City Council to pay 283 plus interest, which can rise to 330 million, came after the appeal filed by both companies against the judgment of the Administrative Court number 3 of Alicante of February 24, 2022, which failed in favor of the City Council by declaring void the urban agreements signed in the years 2003, 2010 and 2013. That resource was resolved by the TSJCV that confirmed the compensation.
Yet, The City Council still has five open processes in courts of first instance on this declaration of nullity of the urban agreements of 2003, 2010 and 2013; In two of them, the courts have failed in favor of the City Council and are in an appeal phase in the Superior Court of Justice (TSJ) of the Valencian Community by the owners. In the other three there is still no pronouncement.
After knowing this fault of the TSJCV, consulted by this newspaper, José Domingo Monforte, the lawyer of the owners of the plots of Serra Gelada de Benidorm, indicated that “we have always said that the Judgment of the TSJ It was of an excellent legal invoice and that defended itself And this was confirmed by the Supreme Court inadmiting the appeal and now the Chamber itself again clearing doubts with their own reasoning. “
Sources consulted by this newspaper indicated that the next court to which the City Council is the Constitutionalalthough in this case it must be justified that there is a violation of fundamental rights.
The history of Serra Gela agreements
As this newspaper published, the Benidorm City Council presented in August 2024 before the Supreme Court a appeal against the sentence issued on May 23 by the First Section of the Contentious-Administrative Chamber of the Superior Court of Justice of the Valencian Community (TSJ) that established that the Consistory had to pay 283 million euros, plus the corresponding legal interests, to the mercantiles Murcia Puchades Expansión SL and Urban Villajoyosa 2000 SL in compensation for the urban uses of its property included in the SERRA GELADA Apr-7 sector.
With the presentation of this resource, the sheet of Route marked by municipal legal services to defend Benidorm's general interest. The first step was to request a clarification of sentence to the TSJ. But with her nothing changed.
The sentence that condemns the City Council to pay 283 plus interest, which can raise the amount to 330 million, came after the appeal filed by both companies against the judgment of the Administrative Contentious Court number 3 of Alicante of February 24, 2022, which failed in favor of the City Council by declaring void the urban agreements signed in the years 2003, 2010 and 2013. Despite rejecting the 283 million euros claimed by recurring companies based on these agreements, the same sentence held at that time that these companies had the right to receive just over 636,116.27 euros for the 121,992.50 square meters that effectively yielded to the people of Benidorm in 2004.
The City Council then began the procedure to declare the nullity of these agreements and thus put an end to this litigation. A position that was endorsed by the Consell Legídic Consultiu in a binding opinion, which considered that these agreements were effectively void for various reasons. Until that time, all judicial pronouncements had been favorable to the Benidorm City Council, but the owners went to court and were right.
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