2023-06-15 20:07:27
The judgment gives the right to the firmrepresented in court by the law firm Menéndez & Asociados Abogados, and appreciates the appeal it filed against the resolution of the Generalitat that calculated the amount to be paid in terms of the water fee in the years 2017, 2018 and 2019.
According to Menéndez & Asociados Abogados, the ruling opens the door for other companies to claim the amounts that have been charged in excess by improperly applying the water fee.
The company, based in Banyoles, asked the court to annul the liquidation of the water fee, claiming that it had paid for more pollution than it producesand provided environmental reports that demonstrated this, with the conclusions of which the judicial expert agreed.
According to the company, the measurement system established by the ACA does not allow pollution values to be taken into account when the number of these has been higher than the minimum established by regulationt, so it makes an “isolated selection” of the analytical results focused on peak coefficients. For the TSJC, this regulation of the ACA that establishes the maximum pollution values ”cannot prevent that, in the event of a conflict, the conclusions drawn by the administration cannot be contradicted by suitable evidence, admissible in law”.
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