The Superior Court of Castilla y León has rejected the precautionary measure requested by the central government to paralyze the activity at the Navacerrada Ski Resort. According to the order to which elDiario.es has had access, “in the weighting of interests inherent in the adoption of this precautionary measure, it cannot be understood that the failure to adopt the measures concerned causes irreversible damage.” Something that he already explained in the order of December 2, in which he denied the adoption of the precautionary measure. At that time, the Chamber understood that “the acts of use of the forest since the last concession have been carried out during the last 25 years” and the damage that would cause the impediment of use and the possible withdrawal of the facilities “could create a definitive situation of difficult reversibility of agreeing at the current moment said impediment to the use and eventually the dismantling of said facilities “, in addition to” other possible damages such as the termination of labor relations or of another type that may have been established by the concessionaire. ”
The order known this Friday resolves the appeal after listening to the parties, the defendant administration, which is the Junta de Castilla y León, and the concessionaire, Puerto de Navacerrada, Sociedad de Esquí, SA What the central government appealed was the Agreement of October 14, 2021 of the Junta de Castilla y León, which declared the incompetence of that autonomous administration to resolve the request to interrupt the calculation of the term of the occupation of 7.6556 ha. in the mountain of the Public Utility Catalog of the province of Segovia nº 2, called “Pinar de Valsaín”, where the alpine ski resort of the Navacerrada port is located, owned by the Autonomous National Parks Organization, expiration, if applicable , of the concession and to dictate the liquidating acts of this.
Both the Board and the concessionaire argued that the content of the act of the Administration of the Autonomous Community is negative, so that the adoption now of the interested measures would make the appeal lose its legitimate purpose, citing the Lawyer of the Autonomous Community the order of the Supreme Court of November 17, 2020. For the Chamber “it is obvious” that by means of the adoption of the interested precautionary measures, the Chamber would grant the adoption of said measures, which would lead to the assumption that the competent Administration for the adoption of the repeated interested measures is that of the Autonomous Community , altering the status quo pre-existing and also leaving the procedure without content, since, on the other hand, a whole series of measures of positive content are adopted, consisting of the restoration of the physical environment that supports the ski facilities, creating an irreversibility of the actions , inasmuch as it would be difficult or impossible to return to the replacement of the previous situation. “The truth is that by weighing the interests at stake, with the suspension of the act, in reality a positive measure is being interested, which, as has been said, can create an irreversibility of the situation constituted by the adoption of the interested measures and emptying the content of the final resolution that is adopted “, adds the TSJ.
In addition, the Board and the concessionaire argued that there are no budgets required for the adoption of the measure from the point of view of the fumus boni iuris (appearance of good law) insofar as there are no previous budgets for the adoption of the measures, such as those relating to the fact that the Administration of the Autonomous Community of Castilla y León was not a party to the concession agreement; that said concession of the year 1996 is prior to the enactment of the Law of Montes de Castilla y León, Law 3/2009, which lacks retroactive effectiveness, without the transfer of powers carried out by Decree 1504/1994, that of the concession title that is now considered extinct; that the necessary budget for the execution of the act is lacking, such as agreeing to evict the concessionaire, the need for there to be an environmental impact statement for outlining the land, among other allegations.
In the present case, the Chamber, “without prejudice to the decision on the merits adopted when finally resolving the appeal”, anticipates that “the existence of a radical defect of nullity is not appreciated by the allegations of the appellant”, because even when reasonableness is found in the central government’s argument, “the necessary assumptions for the adoption of the measures concerned are not present at the moment, since they are more linked to an analysis on the merits” so it must be taken taking into account that the position of the Junta de Castilla y León “is at least reasonable”, to rule out at the present procedural moment a case of nullity by law.
The TSJ does not impose costs because article 139 of Law 29/1998, of July 13, establishes that “In the first or only instance, the court, when issuing a sentence or when deciding by order the appeals or incidents before the same promote, will impose the costs to the party that has seen all its claims rejected, unless it appreciates and so reasons, that the case presented serious doubts of fact or law ”. And in the present case, “even though the present incident has been dismissed, given the complexity of the debated questions about the nature of the existing concessionary relationship and applicable legislation, they suggest that there are factual and legal doubts that justify its not imposing on any of the the parts”.
Mañueco asks Sánchez to stop “his attacks against the interests of Castilla y León”
The president of the Junta de Castilla y León, Alfonso Fernández Mañueco, who was at a press conference in Miranda de Ebro (Burgos) when the car was known, has declared that “reason and common sense have prevailed” to the time he has recommended to the President of the Government, Pedro Sánchez, “to stop his attacks against the interests of Castilla y León.”
Wherever there is a possibility of economic and social development in the rural world, there is an inexplicable attack by the Sánchez Government. We do not understand it. I said that I was going to protect the Autonomous Community of Castilla y León, the people of Castilla y León and especially, the people who live in the rural world, who develop their economic activity in the rural world and today the courts of justice They have proved us right, “he commented. Mañueco has been satisfied with the car that will keep the activity in Navacerrada open” until the merits of the matter are resolved, which will take several months.