16.4 C
Ibiza Town
Friday, March 29, 2024

The High Court also rules out that Ushuaïa is unfair competition for Privilege on Ibiza

The ruling rejects Baltanxa's arguments and holds that Matutes' leisure establishment Ushuaïa, has a hotel and club activity license and it is "irrelevant" that some consider it a nightclub.

The High Court of Justice of the Balearic Islands (TSJB) has also rejected that Fiesta Hotels&Resorts from Grupo Empresas Matutes, exercises unfair competition on Privilege nightclub through the operation of Hotel Club Ushuaïa Ibiza in Platja d’en Bossa. The sentence, which can be appealed before the Supreme Court, rejects the appeal by Baltanxa SA, the company that operates the nightclub in Sant Rafel, by dismissing the shortcomings attributed to the first sentencing. As published in this newspaper, it denied that Ushuaïa had violated the regulations and, in addition, had obtained a significant competitive advantage for it.

The company that operates Privilege insists that in Ushuaïa a nightclub activity is carried out and that by not complying with the rules that regulate this type of activity, it obtains an advantage over the rest of the sector. The TSJB recalls that, in the first instance, the Commercial Court number 3 of Palma concluded that the activity of Ushuaïa is “ tourist accommodation compatible with that of a club, entertainment activity with musical performances in the open air”.

Now, the judgment of the TSJB points out that “it is not controversial” that the establishment of Grupo Empresas Matutes has a municipal activity license (as a hotel establishment and club with outdoor musical performances) and adds that there is no record that the City Council of Sant Josep has initiated any action for “not conforming to the activity that has been allowed, or for complaints by third parties”.

It also highlights a report from the Consistory that described “the activity of Ushuaïa’s musical events as secondary” and ruled out that it could not be authorized for “not being directed exclusively to the hotel’s clients and the non-compliance of acoustic measures”.

In the Insular Registry of Companies, Activities and Tourist Establishments of Ibiza, Ushuaïa appears as a “party hall”. The judgment indicates that, with the support of the expert report attached to the lawsuit, Baltanxa insists that this activity is that of a nightclub, but is based on “factors of external perception [Twitter, Instagram, Facebook, Youtube, Tripadvisor, Trivago] and internal perception”.

Ushuaïa’s music activities are secondary

All this, says the TSJB, demonstrates the “undisputed fact that in the establishment, outdoor musical events take place with a large influx of public in which renowned music professionals perform, and it is irrelevant the description that may be assigned by third parties to that activity: club, discotheque, nightclub”.

For the full article, please visit Diario de Ibiza website here.

Latest news

Related news