Marbella City Council Hopes to Retain €12 Million Malaya Check
Francisca Caracuel and Félix Romero held a press conference in Marbella this morning. The Marbella City Council’s governing team is hoping to retain the €12 million Malaya check that was cashed in 2018. A recent ruling by the Supreme Court maintains the installment plan for the debt with the Treasury, but leaves the door open for a possible claim through contentious-administrative proceedings or through state revenues.
Government Team Expresses Satisfaction Over Supreme Court Ruling
During the press conference this morning, the government team expressed their satisfaction with the Supreme Court’s ruling in favor of the City Council to maintain the 40-year installment plan for the historic debt with the Treasury. However, the ruling also indicates that the €12 million check cashed in 2018, which was the origin of this entire issue, could be claimed.
Supreme Court’s Reference to 2012 Regulation
The Supreme Court refers to the 2012 regulation that stated that assets recovered in corruption cases should be handed over to the state to offset Marbella’s debt with the Social Security and the Treasury. The ruling adds that this obligation should be fulfilled not only through the general provisions of the LJCA, but also through the deduction of state revenue transfers that the City Council was to receive.
Legal Counselor Francisca Caracuel Remains Calm
Despite these paragraphs, the Councilor for Legal Advice, Francisca Caracuel, appeared calm this morning. She stated that they do not interpret the ruling to conclude that there has been a breach, as it does not expressly pronounce on this, only on the installment plan. Caracuel reminded that the Treasury “did not appeal the administrative act when the plenary agreement was adopted in 2018” regarding the destination of the €12 million.
Caracuel’s Opinion on the Treasury’s Possible Actions
Caracuel stated that discussing what the Tax Agency might do now is entering the realm of hypothesis. “There is nothing automatic that is foreseen,” she added. In her opinion, the Treasury “should leave the matter as it is, let the citizens benefit from that money, we believe it is fair and that it should not continue through the judicial route.”
Supreme Court’s Ruling on Debt Installment Plan
In the end, she acknowledged that everything “remains open” to the famous check returning to the courts. Regarding the Supreme Court’s ruling on the installment plan for the debt with the Treasury, she expressed her satisfaction and assured that they expect a similar one regarding the conflict with Social Security.
Origin of the Conflict
The conflict originated on June 22, 2018, when Ángeles Muñoz received a €12 million check from José Godino, president of the First Section of the Provincial Court of Malaga, the court that tried the Malaya case. The amount covered the civil liability of Juan Antonio Roca for various corruption cases. The mayor received the money six days before the General State Budgets (PGE) were approved on June 28, which included an additional provision for the money to revert directly to Marbella and came into effect on July 5. Both the Treasury and Social Security considered that, at the time of receiving the check, the regulation was still in force that required these funds to be used to reduce the City Council’s debt with both institutions. They claimed the €12 million and, when the government team did not deliver them, they decided to cancel the debt installment plan approved in 2012. This initiated a long legal battle, now resolved in terms of the installment plan by the Supreme Court, although the possible claim for the €12 million remains open.
