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Saturday, September 30, 2023

Cuatrecasas secures victory before TSJ Galicia for coastal concession holders

Cuatrecasas has obtained a pioneering, highly relevant judgment before the Galicia High Court of Justice in favour of coastal concession holders that upholds their right to much longer concessionary periods than those being recognized by the government administration

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Judgment 192/2022, of May 6, issued by the High Court of Justice (TSJ) of Galicia upholds the entire appeal lodged by a major aquaculture company that owns several marine farms on the Galician coast, recognizing its right to the extraordinary extension of the concession for another 50 years–until 2069–and reversing the appealed judgment that had unduly limited such period to 10 years (until 2029).

Aside from the legal significance of the caselaw established by the TSJ, in practical terms, we have achieved the court’s recognition of 40 additional years of the concessionary period. Since the concession is essential for the company to be able to carry out its business (aquaculture), extending the concessionary period implies extending its operation (for the same period), ensuring that it will be able to stay on the coast and providing legal certainty to be able to enter into new contracts and make investments.

“This pioneering judgment rejecting the coastal concession extraordinary extension retroactive calculation criterion imposed by the General Directorate for Coast and Sea and recognizes the concessionaire’s right to a 50-year concessionary period from the application for extension (until 2069) and reversing the appealed decision that had set the expiration of the concessionary period in 2029,” remarked Isabel Bárbara Pena, Cuatrecasas associate specialist in Litigation and Public Law.

The Litigation department of the Vigo office that has obtained this ruling was made up of Litigation partner Lorenzo Varela, along with lawyers Isabel Bárbara Pena, Marcos Fariña and María Montes.

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