Albox City Council avoids paying 1,2 million CESPA

Albox Town Hall.

Albox Town Hall.
Albox Town Hall.

Albox City Council is satisfied with the court decision accepts his appeal after the sentence to pay 1.289.979 euros to the company Cespa (which managed the cleaning of the municipality from 1999) and finally not have to pay. So, the High Court of Andalusia has revoked the judgment of the Court of Administrative Litigation of Almería Number Three, condemning the Consistory to pay the concessionaire the service was Parks and Gardens, Cespa, the amount of 1,2 million in lost profits, as this company requested that amount for damages, resolved after the cleaning contract, which it has been in effect since 1999 until the year 2012.

Although initially estimated demand for the company, condemning the council to pay that significant amount that would have been a blow to the municipal coffers of all albojenses, following the action brought by the lawyer of the City, the said statement has been revoked, leaving without effect compensation 1.289.979 euros. Also, if this statement had confirmed the legal interests would have amounted to 400.000 euros.

With this result, the company has been dismissed its main request was resolved in this proceeding. The other issue that has not been accepted in the application refers to the reversal and amortization of property Cespa, as vehicles and machinery, which they are now the City. In this case the amount is 202.000 euros.

Thereby, Albox City Council has avoided a monetary condemnation than 1.800.000 euros in lost profits, plus interest and costs. The priority was to avoid unfair compensation for damages for loss of profits, concept that corresponds to the supposed economic benefit that the company has failed to obtain, on the occasion of the termination of the contract. Consistory counsel considered that the legislation in the fundamentals of Cespa were based were wrong, and through them the company could not obtain unjust enrichment.

In this sense, Mayor of Albox, Small towers Francisco, He expressed his "satisfaction" with a judicial decision that has considered "good news" for the economic health of the City and therefore "all albojenses".