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The Supreme Court confirms the nullity of the rescue of Túnel de Sóller

This Thursday, September 7, we received this news that represents a great success for Globalvia and a good precedent for our sector. Thus, the Supreme Court has confirmed the ruling of the Superior Court of Justice of the Balearic Islands that ruled in favor of Túnel de Sóller, by declaring the rescue of the Globalvia concession null and void (that is, the early termination of the concession contract despite the good management of the concessionaire), for not being sufficiently motivated being adequate for the general interest.

The origin of this ruling dates back to March 2017, when the Plenary Session of the Consell de Mallorca approved the start of the rescue of the Túnel de Sóller concession contract, just five years before the end of the concession period, alleging that this decision responded to a public interest and also ended the discriminatory situation represented by the payment of the toll for the use of this stretch of road.

Túnel de Sóller

Now, the favorable resolution of this ruling is not only important for Globalvia but also for the entire sector, since it is the first case of rescue of a toll highway in Spain, in which the justification of the Granting Administration was based on the assertion that the existence of a toll for the use of a highway was discriminatory.

The Supreme Court, creating doctrine, expressly states: the very existence of toll highways is not discriminatory but rather a decision of the Administration that in order to be able to have a public work without making the cost of its construction fall on the public coffers – either through “shadow tolls” or directly charged to the general budgets – opts for indirect management, with the highway users being the ones who, with their payments, compensate the successful bidder for the costs of construction and operation of the highway. With the toll those who use the road pay, without it, it is paid for by all citizens.”