The TSJIB endorses the extension of the concession of the Real Club Náutico de Palma
The court has declared the denials by administrative silence illegal and guarantees that the club can continue with its investments in the port.
PalmThe High Court of Justice of the Balearic Islands (TSJIB) has recognized the right of the Royal Nautical Club of Palma (RCNP) to obtain an extension of its concession in the port of Palma, initially requested in 2015 and 2018. This obliges the Balearic Islands Port Authority (APB) to grant the extension according to the terms agreed between both parties in March 2019.
The court notes that the Port Authority of the Balearic Islands (APB) had not expressly resolved the requests and that, during the trial, it accepted the presumed dismissal as valid. The judges also emphasize that the Royal Nautical Club of Mallorca (RCNP) has always been considered a concessionaire by the port authority. According to the ruling, the contracts for the provision of port services were transformed into licenses or activity authorizations, but maintaining the concessionary nature of the commercial services, as in the case of the RCNP. Thus, companies with indirect port service management contracts have a direct right to the license and, therefore, to the associated public domain concession. The court concludes that the club meets all the requirements to request and obtain the extension, in exchange for investments that will substantially improve the port's public space. The ruling is not final and can be appealed to the Supreme Court.
Rafael Gil, president of the RCNP, was "very satisfied" and recalled that, despite the precariousness and uncertainty since the expiration of the concession in December 2022, the club has continued working "for the sport and for the city".