The Superior Court of Justice of Catalonia has issued a ruling in which it orders the Generalitat to return the 304 million euros in the dispute opened by the ATLL. The consortium led by Acciona sold the rights in the lawsuit to a US fund in 2019 after failing to reach an agreement with the Generalitat on the amount of compensation after the courts annulled the award of water management to the group he chairs Jose Manuel Entrecanales. The award was appealed by Agbar.
After the courts ruled against the award, the consortium led by Acciona claimed more than 1,000 million in compensation and investments made, among other requests. The Generalitat considered the amount "disproportionate" and no agreement was reached.
The Fifth Section of the Contentious-Administrative Chamber of the Superior Court of Justice of Catalonia has issued today three Judgments in separate appeals promoted by ATLL against the Department of Territory, which resolve said procedures whose immediate antecedents are found in the annulment in judicial proceedings of the award of the water management contract.
The contract was for the management of the water supply service in Alta Ter-Llobregat. The first Judgment upholds the appeal in part and annuls the resolution that had approved the provisional liquidation of the management contract for the water supply service in Alta Ter-Llobregat, approved by the Department of Territory and Sustainability of the Generalitat de Catalunya. It also annulled the resolution of the same Ministry that, later, had approved the final definitive liquidation. In addition, the judgment recognizes ATLL's right to obtain, as an unamortized canon, the sum of 263 million; for investments made but not amortized, the sum of 38 million; and, as bidding and constitution costs, the sum of 3.4 million euros, amounts that will accrue the corresponding interest.
The second sentence considers the appeal in part and cancels the act of the minister of Territory and Sustainability that had declared the end of the effective provision by the actor of the high water supply service through the Ter-Llobregat Network.
