Port Project in Legal Tangles
August 29th 2008
A legal opinion dated April 10th has been revealed in the press.
Las Provincias - Marina Punte del Este....
The company Marina Punte del Este introduced a plan to expand Xàbia Port in January 2003. The law changed in May 2003, under which this private project would automatically be rejected and could only be promoted by the regional government. However a recent ruling stipulates that the project should be considered under the 1988 law which prevailed at the time the proposal was made. So there are three options left to the Valencian Government: Give the project to Marina Punte del Este, if it considers the project to be in the public interest; reject it or have a public tender based on it. Confounding issues are the fact that the plan does not figure in the Valencian Community's Strategic infrastructure plan (2004-2010); that Punta del Este does not have the legal qualifications to carry out large public works and that if the project is rejected, Punta del Este can claim compensation from the Generalitat (some say to the tune of 2 million Euros). The Javea Town hall says they were completely unaware of this document and its implications. More detail (In Castellano in Xàbia al Día Conselleria quiere saber... )