Portal de Cartagena
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The Administrative Court of Cartagena has the right to the city of Cartagena to the owner of the desalination plant in Escombreras company, Hydro Management, is paid complementary 1,592,203 Tax settlement constructions, installations and works euros (ICIO ), claimed following an inspection by the municipal officers to these facilities.
The City of Cartagena conducted the inspection in 2011, after the construction of the desalination plant and found that in the initial settlement of this tax did not include various equipment and facilities which the company did not form part of the work.
In its judgment the court first rejects the exemption of this tax raised by the company, explaining that it is a public works privately owned and therefore not fit that exemption.
Also, as has been establishing case law, agrees with the City Council to consider that in the settlement of this tax should not only material works, but also those equipment, machinery and facilities, which are an intrinsic part of it and included their operation, as determined municipal technicians in its inspection.
A similar case was recently also won by the city to builders of AES Corporation plant in tailings, amounting to 7.6 million euros, plus interest.
In this judgment the judge also condemned Management Hydro to court costs.
The decision is not final and may be appealed.
Source: Ayuntamiento de Cartagena
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