Supreme Court Rules in Favor of Marbella City Council in Controversial Check Case
Six years after the controversial check was received, the Supreme Court has issued a preliminary ruling in favor of the Marbella City Council. The case was against the Tax Agency over the collection of a 12 million euro check, which was recovered from judicial corruption cases. This led to questions about the division of the debt with the state.
Marbella City Council’s Legal Battle
The Marbella City Council had been losing this case, both in the first instance and later in the National Court. However, it has now gained the support of the Supreme Court, albeit partially.
Controversial Check Received in 2018
On June 22, 2018, Ángeles Muñoz received a check for 12 million euros from José Godino, president of the First Section of the Provincial Court of Malaga, which 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, which included a provision for the money to be directly reverted to Marbella.
Dispute Over Debt Repayment
Both the Treasury and Social Security believed 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. For this reason, they claimed the money and, when the City Council did not deliver it, they ended the division of the debt originated in the GIL stage, which was being repaid over 40 years.
Marbella City Council’s Appeal
The situation was critical for the City Council, which appealed and lost in the first instance and also later before the National Court, which at least allowed the division to be maintained. The government team appealed to the Supreme Court, which now rules in its favor in the conflict with the Treasury, while the Social Security conflict is still pending, although the ruling is expected to be similar.
Law Firm Announces Satisfactory Ruling
The RocaJunyent-Gaona, Palacios and Rozados Lawyers firm announced the satisfactory ruling for their client, the Marbella City Council, on Friday. The High Court believes that the Tax Agency “does not have the legally attributed power, nor is it competent to declare the extinction of the deferral” by itself. This could only be done “exceptionally by law”, the ruling considers, supporting the City Council’s arguments.
Possibility of Money Return
However, the ruling leaves the door open for the Treasury to take appropriate legal action for the City Council to fulfill its obligation at that time to deliver the money to the state to reduce the debt. Therefore, it’s an important victory for the City Council, which maintains the division, but it’s only partial as the possibility of having to return those 12 million euros, which could be deducted from the money sent by the state, remains open.
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