The Balearic Port Authority (APB) will have to put the management of the space occupied for 96 years by Club Nautico Ibiza (CNI) out to tender. This has been ordered in a new ruling from the Administrative Chamber of the Supreme Court, against which there is no appeal and which therefore, exhausts any further legal proceedings in this dispute over the management of the port area.
The Supreme Court has rejected the appeal filed by the State Attorney’s Office, on behalf of the port authority, against the ruling handed down on 15th May last year by the High Court of Justice of the Balearic Islands (TSJB), which annulled the concession of these facilities to CNI. Legal representatives of Club Deportivo Doce Millas, which had also submitted a tender in the biddng contest that was awarded in the end to the Ibizan social entity, also appealed against this concession.
An unequivocal decision
The Supreme Court’s decision is clear and unequivocal. “What the Port Authority should have done was (…) follow the tendering procedure. Because the procedure in question [the concession of the space occupied by CNI] was not about the selection of bids, which is what was done; but the selection of projects, which is the purpose of this procedure, in this case the projects [of CNI and Club Deportivo Doce Millas] being at least similar”.
THE APB DID NOT WISH TO ANALYSE THE SUPREME COURT’S DECISION AND EXPLAINED THAT AS OF NOW, THEY WILL “WIPE THE SLATE CLEAN” ON THE MATTER
“It is more than evident that (…) the Port Authority (….) should have resorted immediately to the tender procedure (…) and the reasons for departing from this procedure, which provides the greatest assurances in terms of the principles that should govern the concession, have never been justified”, the high court stated in its legal arguments.
The APB did not wish to analyse the Supreme Court’s ruling and explained that from this point it will “wipe the slate clean” on the matter and focus on drawing up the specifications for the new tender process.
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