The food company Placesconfronted with Town hall Marinaleda (Seville) of the communist Juan Manuel Sanchez Gordillo -in power since 1979- and sentenced to leave the ship of the municipal property where it operated and to pay the Consistory more than 91,000 euros for “late and unsatisfied rents” and “unpaid supplies”, handed over the keys of said vessel to Estepa Magistrate’s Court No. 2.
José Antonio Capitán, one of the managers of the city’s only private company, which employed 80 people, explained to European Press last Thursday that the Court of First Instance No. 2 of Estepa had fixed for this day the expulsion of the aforementioned ship, thanks to the aforementioned condemnation, ratified by the Court of Seville and by the Supreme Court.
Corn the eviction has not been completed by alleging the officials of the entity that the expulsion They would have been warned only “one month” in advance, weighing the incidents derived from the pandemic and the health reasons of some of the businessmen, which would have prevented them from undertaking the transfer of their facilities. .
After the eviction was then postponed, with a deadline that expired this Wednesday, this businessman confirmed Europe hurry this handed over the keys to the ship in Estepa Magistrate’s Court No. 2, whose officials he thanked for the flexibility they showed in removing the company’s assets from the warehouse.
The “master” Gordillo
The company will be reinstated in Herrera (Seville) temporarily, before starting its new stage in the Sevillian town of El Rubio. To this end, the captain insisted that Marinaleda lose the employment generated by this business, lamenting the situation of the inhabitants of the town who “will not be able to work”, thus leaving at the mercy of “Master Gordillo”alluding to the mayor, whom he defined as “a very cautious character”, also accusing him of a “cheating” with the ship’s contract object of litigation because he would never have confined an investment of 400,000 euros to equipment available “only for five years”.
“No one expects to be cheated in a public body,” the businessman asserted, reiterating that the citizens of Marinaleda lose the source of employment inherent in your business.
In a judgment rendered in February 2021, ratified by the Supreme Court and collected by Europe hurrythe eighth section of the Court of Seville addresses an appeal by the aforementioned company Los Lugares, against the sentence handed down in November 2020 by the Court of First Instance No. 2 of Estepa.
In the contested sentence, as detailed by the Court, the said court declares “resolved by the non-payment of rents the lease contract signed” in 2012 between the agri-food company Places and the Municipality of Marinaleda about half of a municipally owned warehouse.
Sentenced to pay €90,000
Moreover, the judgment under appeal states “that there is room for expulsion due to the expiration of the term agreed in the contract”, condemning the company to “leave the said firm free and expeditious at the disposal of the Leasing Company, subject to notice of release if it does not do so within the legal period “.
Finally, the judgment condemns the company to pay to the Marinaleda City Council 89,404.40 euros “for overdue and unpaid income; to “satisfy the income accumulated after the filing of the complaint, until the actual delivery of the rented vessel”, and to pay an additional 2,000 euros for “unpaid supplies”.
And it is that according to the Court of First Instance No. 2 of Estepa, it has been proven “the privacy of the contract, which ended as agreed without it being possible to extend it since the unequivocal will of the lessor against the renewal is manifest. “The non-payment of rent from the beginning is flagrant and the disquisitions on the compensation of the work cannot be the subject of legal action, even less if the defendant did not follow the necessary protocol with the Corporation”, added the tribunal.
Complaint against Gordillo for harassment
The aforementioned decision in favor of the City Council was issued after in 2018 the Court of First Instance and Instruction No. 2 of Estepa incoase Proceedings against Sánchez Gordilloeven going so far as to investigate him, for a complaint lodged against him by one of the partners of this company, who accused him of “bullyingand to use municipal resources to make his life “impossible” and harm his businesses.
In any event, prior to the appeal of the said company against the condemnation already described, the eighth section of the Court of Seville specifies that it cannot “accept” the terms of the said appeal because it does not “combat” as such the “factual or legal arguments” of the disputed resolution.
“Where appellant’s negligence is most exposed is in her bad faith at the time of ignoring the legitimate pressure of the city council for not having paid the rent due from the initial moment of the contract. is fault it is intended to mask the work carried out in the vessel. This possibility has a contractual basis but according to a protocol which has not been followed and which does not serve to undermine the main obligation to pay the rents”, specifies the Court.
According to this body, the contested decision details “how no file was initiated to approve this work, nor any proof that the Company approved it”, since “the analysis of this bullying that the appellant seems to denounce is not part of this eviction lawsuit, without prejudice to the fact that no act to the contrary endorses it.
Considering the case, the eighth section of the Court of Seville reject the call of the Agrifood Company Los Lugares and fully confirms the conviction.