The Andalusian nautical industry has been hit. The Public Agency of Harbours of Andalusia has been illegally collecting money since 2004 in the name of port taxes and this is having a serious impact on the sustainability of the industry and all the businesses revolving around it.
And not only that, it also affects you:
- As a user of an estate-managed Andalusian harbour, the Administration has been charging you an illegal tax for your stay at the harbour.
- As a fisherman working at an APPA’s Andalusian harbour, the Administration has been charging you illegal taxes.
- As a business operating touristic routes at an APPA’s Andalusian harbour, the Administration has charged you abusive taxes.
Are you going to allow APPA to “sink your battleships”?
During our many years of managing this premise rental business we have been reporting this situation which has finally obtained a satisfactory resolution issued by the Supreme Court of Justice. On 3rd July 2014 the Supreme Court rendered Decree 371/2004 ineffective, as it was considered a source of legal uncertainty and unlawfulness.
The Andalusian Administration reacted by approving an emergency measure in order to settle the situation and justify the collection it had been imposing (Decree-Law 14/2014), but as yet it has failed to comply with the requirements of the Supreme Court, i.e. the issue of a financial report. Therefore, the measure is still ineffective and a fraud for all Andalusian people.
What can you do?
1) Claim directly to the Public Agency of Harbours of Andalusia.
2) The amount: You can claim the full amount you paid together with any penal interests, as the settlements were declared as void (as if they had never existed).
3) What to do if APPA refuses or does not answer my claim? What is the next step? You would need to get a solicitor and a legal representative to request a judicial review, based on the judgment of the Supreme Court of Justice and following a Public Service Liability Claim.
4) Can I claim as an individual or do I need to do it as a group? You can refer to the Consumer Rights Association and claim either as an individual or as a group.
5) Can I follow the same procedure if I am a user from a foreign country? Yes, the procedure is exactly the same.
If you would like to have your taxes returned, you can seek advice as well as the judgment of the Supreme Court of Justice at the following email address: email@example.com Marinas de Andalucía