The Supreme Court reviewed nearly 20 compensation claims to the State for the closure of business as a result of the state of alarm declared illegal by the Constitutional Court. According to OKDIARIO, more than 9,000 files of possible financial liability of the Public Administration have been registered for their decisions in the COVID-19 pandemic. Of all these files, 1,000 reached the high court, 700 were admitted for processing and nearly 20 have been analyzed to issue a sentence.
The illegal detentions promoted by the Government of Pedro Sánchez can be predicted as the cause big hole in public accounts. Although the casuistry is very wide – from large companies to SMEs, including self-employed workers and even public entities -, an attempt will be made to establish a BODY to speed up the processing of thousands of requests. Some resources that have reached the Supreme Court have no route; However, others will be studied in detail.
OKDIARIO contacted Vanessa Fernández, lawyer of the HispaColex firm and legal representative of Hotel Palace Alhambra in Granada. COMPLAINT 417.316,70 euros to the State for the first confinement, which took place from March to May 2020. The hotel had to close and this caused a great loss. After knowing that the Constitutional Court declared the states of alarm decrees illegal, they did not hesitate to claim before the high court what they considered fair.
The lawyer indicated that they were very careful when calculating the compensation they claim because they know that the “pandemic effect” exists and the clients will decrease even without the states of alarm. They also consider that they have received pyrrhic help from the Government for the temporary suspension of the activity. However, they consider that the law protects them to claim almost half a million euros.
Constitutionalism opens the door
Although the State Attorneyfar from accepting that legal fraud justifies the payment of compensation to the government, thought that the major factor A global pandemic has prevented the payment of these payments. In any case, the lawyer consulted and the other appellants defended that there is a lack of perspective of the Government, because since December the information has been coming from China to act and reduce the pandemic. In addition, in January the World Health Organization (WHO) issued alarms which are ignored. The Government of PSOE and Podemos delayed making a decision as long as possible. It was on March 14, when there was no other option than a widespread lockdown, that the first of the controversial states of alarm was approved. They remember that the Constitutional Court left open the door to acquire property.
In addition to the aforementioned hotels, companies’ laziness, drama, and RECONCILIATION attended separate hearings before the court of the Third Chamber of the Supreme Court, studying matters of controversial-administrative.
The key is in article 3.2 of the law that regulates the state of alarm, of 1981. This rule indicates that “those who, as a result of the use of acts adopted during the validity of these states, suffer, directly, or to their person, rights or property, damage or loss due to acts not due to them, have right to be paid by the provisions of the laws. The State’s Attorney insists that we face greater cause and that “measures deemed appropriate are taken with the information available.” “You cannot demand that, knowing that two years later, you will judge what steps should be taken,” they argued.
They criticized the aforementioned hotel in Granada that demanded payment based on irregular states of alarm because they could not open on the first day they were allowed. They made the truth of the destruction ugly Until June 1, when the Government approved the reopening of the hospitality industry starting May 11.
Lateral asked for 1.5 million
For its part, the restoration team Laterally asked for one and a half million euros. In response to this company, the State Attorney maintains that it is “not true” that the state of alarm led to the total shutdown to restore. So, he remembered that he allowed himself food collection in the establishment and, later, allowed consumption on the terraces. All indicated that the Sánchez Government in some cases had to dig deep into its pockets and pay the entrepreneurs who saw their businesses temporarily sunk.
