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The legal reports conclude that the extension of the contract of the water concessionaire can not be annulled (30/11/2017)

The mayor, Ana Belén Castejón, reported Thursday that, according to the municipal legal reports, the extension of the contract of the concessionaire of the water service, Hidrogea, is not null and void and, therefore, can not be annulled.

"I want to make clear that my desire was, at all times, to cancel the extension because I considered it illegal and, for that, I have requested legal and economic reports, but the result of these was not what we all expected," he said. Castejón.

The municipal legal report, after analyzing the entire process, concludes that there is no cause of nullity as of right in the procedure followed for the approval of the extension.

The causes of nullity are included in article 47 of the Law of Administrative Procedure.

According to this regulation, the maximum legal period allowed on that date is not breached.

The bid and the subsequent contract expressly provided for the possibility, after 25 years, of five-year extensions up to a maximum of 25 years and the amendment followed all the procedural steps required for this.

For all the above, there is no cause of nullity in full in the procedure followed for the approval of the extension, according to the aforementioned reports.

"Another different question is that all the requirements that justified this modification of the contract were not met, as was the case, but, unfortunately, this is not a reason for nullity in its own right, but rather for nullity, which, although it may seem the same, The nullity does not prescribe and the nullity does, in this case, the term was four years and it has been fulfilled, "added the mayor.

The first mayor has also requested economic reports to the municipal services on the consequences of the possible cancellation of the extension, which indicate that the City should return, at least, the thirteen million euros that the concessionaire advanced, as well as possible millionaire claims that presented.

"This situation would make it impossible to comply with the Budget Stability Law, which would put this City Council in a very serious economic situation," concluded Castejón.

Source: Ayuntamiento de Cartagena

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