The Firm Martinez-EchevarriaLawyers acaba de lograr una sentencia novedosa en el ámbito de la administración pública, since City of Cuevas de Almanzora You must return a rate that claimed "unduly" by processing a construction permit.
The City claimed 125.000 euros corresponding to a rate of building permit requested by an undertaking to launch a housing project. The processing of that license, which normally it extends within a month, He not resolved once passed 17 months,at which developers could no longer count on bank financing needed for the project.
At both time delayed municipal resolution, employers understand that they had a serious injury, unable to continue investing, making this charge in "improper". Current law provides that this kind of rebates illegal charges expire after four years, so the legal arguments Martinez Echevarria Law They have been based on setting the date from which it is considered that the collection is improper; demonstrating that it is within the previous four years before the filing of the complaint.
In this case, collection It declares abuse at the same time taken for failed housing development
The court has rendered a judgment requiring the return of the 125.000 euro disbursed for the processing of license, plus interest for the years already elapsed and legal costs. An exemplary sentence that tells the administrations of the consequences of their ineffective efforts and the need to exclude political reasons as administrative procedures of interest as this.
The partner Office Martinez-Echevarria Case Manager, Jose Maria Diaz, He said that "is not explained as an administrative procedure can lengthen both, preventing housing construction necessary for the town, and causing injury to an entrepreneur willing to invest to create wealth in the area ".