Manubens Office Has Taken the Legal Defense of UNIBAIL ("Palma Springs" Project)
After many years of intense judicial battle, it has just been obtained that the Supreme Court inadmit to process the appeals filed by the Balearic Autonomous Community and the City of Palma de Mallorca and confirm the right of UNIBAIL RODAMCO to arrange the commercial license for the opening of the "Palma Springs" shopping center, in the Ses Fontanellas area of Palma.
In the long judicial path that has had to be followed during this time, it has been necessary the prior admission of an appeal of cassation before the Supreme Court, to propitiate a pronouncement of the High Court on the interpretation that should be given to the forecast of the Balearic legislation commercial (when it requires that the establishment of these establishments must be carried out on a site), within the framework of the basic state regulations. Interpretation that was set in the judgment of January 29, 2018, delivered in the appeal of cassation 27/2016.
Afterwards, the defense of the content of this interpretation had to be proceeded before the Superior Court of Justice of the Balearic Islands, which resolved the contentious-administrative appeal with the judgment of April 11, 2018 (orders 300/2015), through the that annulled the resolution denying commercial license and forced the Balearic Administration to grant it.
And, finally, in view of the strong opposition, not only from the Balearic Government, but also from the Palma City Council, which also filed an appeal against that ruling, the MANUBENS office advised UNIBAIL RODAMCO in obtaining an Auto ( dated September 20, 2018) that agreed to the provisional execution of the sentence. Execution that has become definitive, after having obtained that the TS inadmit to process the appeals filed.