Spain/España -- Asociación Salvemos Mojácar y el Levante Almeriense v Ayuntamiento de Carboneras y Compañía privada. Establishing injunctions with nominal bonds. (Provided by AJA thanks to support from the Biodiversity Foundation)

[To obtain the decision (in Spanish only), please use the Acrobat Adobe link above.] Decision no. 131 of the High Court of Andalucia (appeals against administrative decisions) that rejects the appeal of Carboneras Municipality and of a private company against the court order of the Administrative Court no. 2 of Almeria bringing to a halt the construction of the hotel. The decision sets that each party will cover its own costs. The Association “Salvemos Mojacar y el Levante Almeriense”, requested from the Administrative Court to bring to a halt the construction of the “Hotel Azata del Sol” in the beach “El Algarrobico”, Carboneras (Almeria) authorised by Municipality of Carboneras on 13 January 2003, while the administrative court decides on the legality of the municipal authorisation. The association argues the illegality of the municipal authorisation because the Hotel is partially constructed in a protected area, which can not be urbanised and is violating the 100 m. protection servitude. This decision confirms the court order of the Administrative Court because the lack of bringing the construction to a halt will make impossible to enforce a court decision that eventually will state the illegality of the municipal authorisation. Please, pay attention to the arguments from the Court against the request made by the private company to set a huge surety bond of 12,752,354.22 Euro to be satisfied by the Association. To obtain the decision (in Spanish only), please use the Acrobat Adobe link above.

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2003
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