The Provincial Court confirms Formentera Mar must pay the APB
Palma de Mallorca
17/04/2013
The Palma de Majorca Provincial Court has sentenced the company Formentera Mar to pay the Port Authority of the Balearic Islands (APB) the amount of €26,000 in addition to the costs incurred at first instance, on the grounds that it has obtained “unjust enrichment” to the detriment of the port body.
The ruling, which was made public on Monday 15th April, upholds the appeal lodged by the APB against the sentence issued on 28th September 2012 by the Court of First Instance No. 6 in Palma de Majorca. As a consequence, the Provincial Court thus reverses and annuls the initial ruling.
The Provincial Court found that Formentera Mar had effectively occupied a building in the Port of La Savina without any authorisation to do so and had made “no payment of any kind”. The sum payable is based on the charges that the APB would have received during the years Formentera Mar occupied and used the premises, if a concession had been granted.