The 50th Examining Magistrate’s Court of Madrid, whose judge is Ana María Iguacel Pérez, has admitted the complaint filed by the company Vallesolares, S.A., against five high-ranking officials of the Community of Madrid (CAM) for seven alleged offences including repeated prevarication, procedural fraud, disobedience, denial of judicial assistance, disloyal administration, breach of duty in the custody of documents and violation of secrets and violation of the Organic Law on Personal Data Protection and Guarantee of Digital Rights.
The defendants are Juan José de Gracia Gonzalo, and César Badorrey Martín, director general and deputy director of Land of the Regional Ministry of Environment, Housing and Agriculture of the CAM, and Manuel Ángel Fernández Mateo and Carmen González Cárceles, managing director and head of the Area of Patrimony and Land Actions, respectively, of the Social Housing Agency of the CAM.
And Manuel Orgaz Taravilla, Head of the Technical Urban Planning Unit, also of the CAM Social Housing Agency, according to the order, dated 18 April, to which Confilegal has had access.
The company Vallesolares, S.A. accuses these five senior officials of repeatedly failing to comply with two rulings of the Administrative Chamber of the High Court of Justice of Madrid (TSJM) handed down in 2020.
These rulings oblige the Autonomous Community to compensate Vallesolares with more than 5 million euros for the de facto expropriation of land in the face of the impossible execution “in natura”.
According to this legal entity, the five defendants have, until now, disobeyed the execution of the final judgments with “tricks, excuses, extravagant procedures and other actions that incur in the alleged offences described”.
To date, the TSJM has ordered compliance with the two judgments on three occasions in view of the Community of Madrid’s obstructive action.
IF THESE SENIOR OFFICIALS DARE TO ACT IN THIS WAY AGAINST A COMPANY WITH A STRONG LEGAL DEFENCE, WHAT ARE THEY DOING TO CITIZENS WHO DO NOT HAVE ONE, THEY ASK.
The response of the CAM, through these high-ranking civil servants who have now been sued, has always been the same: to distract the executing administration with more and more formalities outside the law, in order to avoid paying the compensation that it must pay.
“It is surprising and irritating that an Autonomous Community, in principle serious and respectful of the law, allows some high officials of the same, ‘toreen’ an administered committing numerous crimes allegedly to avoid paying what the Community is obliged to pay,” according to the company Vallesolares, SA.
In its complaint, this company gives a meticulous account of the alleged criminal acts, which, in its opinion, is disturbing.
“If these high-ranking officials dare to act as they do towards a company that has a solid legal defence, what are they doing with the public without legal defence in similar situations”, the legal representatives of this company underline.
“An example of the detailed list of allegedly criminal acts: Instead of determining the compensation for the de facto occupation by means of valuations by the administrative body, the accused senior managers spend public money, instead of paying what is due to the public administration, on commissioning a real estate valuation from a private company, which they pay for these commissions, without any legal cover. What happens? Are there no technicians capable of assessing the economic consequences of a de facto occupation in either the Treasury Department or the Social Housing Agency? And we are in the Community of Madrid, not in a lost village”, they say.
“This lawsuit has all the media characteristics to become a trial, transcendent, against the arrogance and administrative arrogance, which seems to consent the highest officials of the Community of Madrid”, they conclude.