Traders Challenge Puerto Banús S.A. Over Terrace Dispute
In the latest development of the ongoing dispute between traders and Puerto Banús S.A., the company managing Marbella’s Puerto Banús marina, the traders have presented a written statement contesting the company’s actions. The statement, prepared by law firm BGI-LAW, contains a series of allegations against the company.
Allegations of Lease Exceeding and Bad Faith
The traders allege that Puerto Banus S. A. is close to surpassing the 50-year lease limit set by law. They also accuse the company of acting in bad faith by charging for space recognized as public land, without adhering to port regulations. Lawyers concur that the land occupied by the terraces was not included in the original agreement and that the rental prices charged by the company are excessive.
Denial from Puerto Banús S.A. and Marbella Town Hall
Both Puerto Banús S.A. and Marbella town hall refute the claims that the affected streets are outside the contracted space or that they are public land. This echoes their stance in 2019 when 25 premises initiated a lawsuit against the company. The traders’ legal team argues that Puerto Banús S.A. is attempting to extend its control over spaces on Levante beach, currently outside the agreed contract.
Ecologistas Malaka’s Arguments
A few weeks ago, Ecologistas Malaka presented their own arguments, including concerns about the area of Levante beach, located in the eastern part of the berthing area. Both traders and activists maintain that this is documented in the Andalusian public ports agency (APPA), regarding both the roads and the public area of Levante beach.
Complex Allegations and Ongoing Conflict
Oscar Gómez, a representative of BGI-LAW, admits that the allegations are complex. The traders have been in conflict with Puerto Banús S. A. for seven or eight years over terrace rentals. The company is accused of trying to silence the traders by establishing a regulation to its liking and avoiding judicial control.
Unresolved Situation and Public Land Dispute
The situation remains unresolved as Puerto Banús S.A. allegedly seeks to include the beaches in its domain. Environmentalists and the courts have recognized that the company cannot claim public land without competition or procedure. The roads running through the port land are also a point of contention, with some rulings suggesting they are for public use.
Legal Battles and Lease Annulments
The traders have filed three lawsuits against the company for lease annulments in recent years, while the company has initiated about 21 eviction proceedings. Some traders have requested the town hall to formally acquire the roads in three different proceedings currently in court.
Lease Duration and Relevant Changes
Puerto Banús SA, which was awarded the lease on 12 September 1967, claims that the contract area extends from the River Verde to 400 metres west of the planned western breakwater. The company also argues that the lease was for 99 years, although this term was revised in several laws and decrees, introducing significant changes, including those affecting the duration of leases.
