Justice refuses to stop the works of Via Laietana due to the appeal of Barcelona Oberta


  • The association of commercial axes requested the precautionary measure arguing economic risk in the face of a possible sentence against the reform

Justice guarantees the continuity of the works that Barcelona City Council has undertaken to reform Via Laietana. This has been ruled by the Court number 14 of the Contentious Administrative of Barcelona in a car dated April 25. In this way, Judge Manuel Alcover rejects the precautionary measure requested by Open Barcelona. The association of commercial hubs filed an appeal against the resolution of the town hall of February 15 by which the preliminary plan for the renovation of the street was definitively approved.

The municipal team presented a written opposition to the precautionary measure and the judge has thus dismissed the arguments put forward by Barcelona Oberta to demand that the works stop: the possibility that a future judgment will annul the plan when it is finished. According to the association, this could have two consequences: suppose a great economic cost for the city council (“loss of millions for the public coffers”, he specifies) and that the remodeling is not reversible, so that Via Laietana cannot return to its previous status as a basic road of metropolitan interest.

The judge replies that these situations could not occur in any case at the same time and are “incompatible”, because if it were not possible to return to the Vía Laietana its function as a basic road, “there would be no economic loss” for the city council, since it would not make sense to reverse the works. He also stresses that, in any case, if there is financial risk in the event of an eventual judgment adverse to the urban plan, it would not be for the complainant association, which indicates as another argument for not accepting the requested precautionary measure, that is, the stoppage of works on Via Laietana. The entity, he emphasizes, has not alleged that the execution of the resolution that guarantees the transformation could cause damage.

The resolution also outlines that the approach regarding the danger of “procedural delay” when resolving the lawsuit (there being a sentence when the works are finished) is “purely” economic because “other affected interests have not been proven, neither the particulars of the appellant entity, nor other general ones, such as the inconvenience that could be generated to the neighbors with the execution of the reform and its subsequent reversal, adding that, “in any case”, if there were an “economic loss” For Barcelona Oberta, this “must yield to the public interest” of the reform, as the city council argues.

Discrepancies

The reaction to the street works caused discrepancies in Barcelona Oberta at the beginning of the year, when the Via Laietana Association abandoned this group for disagreeing with the allegations presented against the reform. The president of the Via Laietana association, David González Deltell, explained the reasons for his departure in a letter to President of Barcelona Oberta, Gabriel Jené.

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“Barcelona Oberta decided to prepare and present allegations to the Barcelona City Council regarding the planned reform of Via Laietana without our prior review, our association being the main affected and interested in this reform,” González wrote, adding: “We cannot share the content of these allegations because it is not going into details of the reform, but rather they are allegations that go against carrying it out & rdquor ;.

Barcelona Oberta, which brings together more than twenty central and tourist axes, believes that the project makes accessibility by car too difficult to the commercial epicenter of the city.


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