The Court of First Instance 3 of Barcelona has ruled that Junts can keep the Junts per Catalunya brand and has rejected the PDeCAT claim, which claimed that Carles Puigdemont’s party had appropriated the name illegally. The magistrate considers that the PDeCAT is not entitled to present the lawsuit, since Junts is a different party and only members of the second formation could have done so.
The ruling concludes that the PDeCAT lawsuit “is formulated in substitution of its main affected”, who would have been the former secretary and the former treasurer of Junts. The judge says that it has not been proven “what certain repercussion” the JxCat agreements challenged by the PDeCAT have in the legal sphere of the former convergents, reports the Agència Catalana de Notícies (ACN).
Junts per Catalunya was established in June 2018 with Laia Canet as president, Pol Xart as secretary and Anna Maria Soriano as treasurer. In February 2019, the formation held an extraordinary assembly to ratify an agreement a few days before the head office and article 1 of the statutes changed. In April 2019, JxCat ran in the general elections in coalition with CDC, PDeCAT and other formations under the ‘Junts’ brand.
In the municipal elections of May of that year the three formations were also presented under the same brand, and in the European elections of the same day within the electoral coalition ‘Lliures per Europa’. All the candidates were PDeCAT militants or independents, but none were from JxCat, and the PDeCAT covered all the electoral expenses but also collected all the income from the votes and seats obtained.
Until June 27, 2020, in the midst of the pandemic, JxCat only had three affiliates, did not charge fees, had no assets, no NIF or bank accounts, and its operation depended entirely on PDeCAT. That day, a JxCat assembly was held electronically where Carles Valls was appointed president, Montserrat Morante as secretary, Irene Negre as treasurer and Josep Pagès as defender of the affiliate.
The statutes and the corporate headquarters were modified and telematic assemblies were authorized. Xart and Soriano were not summoned to the assembly, something that the PDeCAT considered illegal. The new executive committee, based on the agreements of the assembly, convened a congress to elect the new positions of president and members of the national executive, and no JxCat affiliate challenged the agreements.
The PDeCAT requested the annulment of the June 2020 assembly and subsequent agreements. However, JxCat alleged that in the July 2020 congress the eight affiliates that the party had were summoned and that Soriano and Xart were discharged because they disassociated themselves from the formation. In addition, he recalled that the Junts per Catalunya brand was held by Convergència and not by PDeCAT.