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The TACRC, in its adopted resolution, affirms that the two appellant councilors are not members of the JGL, therefore they lack active legitimacy to challenge the specifications decreed by this contracting body.
30.06.2022
The Central Administrative Court of Contractual Resources (TACRC) has rejected the special appeal on contracting matters filed by Israel Muñoz, councilor of the Municipal Group Los Verdes-Compromiso Municipal, and Pablo Samper, councilor of Sueña Torrevieja, against the agreement of the Board of Local Government of April 27, 2022 and the specifications of the procedure for the "Acquisition of vehicles for the urban transport service through advance processing of the expense", convened by the City Council of Torrevieja, due to lack of legitimacy of the challengers as they are not members. of the Local Government Board (JGL) which, as the contracting body, approved the contested specifications, in accordance with article 55, b) of the LCSP. For all these reasons, the suspension of the contracting procedure is lifted, in accordance with the provisions of article 57.3 of the LCSP.
The TACRC, in its adopted resolution, affirms that the two appellant councilors are not members of the JGL, therefore they lack active legitimacy to challenge the specifications decreed by this contracting body, for which reason the appeal has been inadmissible.
Regarding the merits of the obiter dicta matter, the appeal would be dismissed, since, as stated in the contracting authority's report, these specifications do not deal with conceptualizing the form of management of the municipal public transport service. Likewise, there is no injury or economic damage to the municipal coffers, since the expression without VAT is used in the specifications to compare execution costs and to determine the estimated value of the contract, but the tender price has been set taking into account account 21% VAT.
“In the case that concerns us - the TACRC resolution points out - the appellants defend in a brief presented during the processing of this procedure, that their intention was not to file a special appeal (sic). Taking into account the optional nature of the special appeal, it would have been more reasonable for them to have withdrawn it and, where appropriate, to have resorted to the contentious-administrative jurisdiction, competent together with this Court to resolve the appeal against the actions in question. contracting matter”. "They have not done so -continues the resolution- and therefore the appeal must be inadmissible, for the same reasons as those contained in our Resolution 717/2020 and in the other two resolutions that are cited in it".
The mayor of Torrevieja has shown his satisfaction with this resolution that unblocks this matter and that once again dismantles a campaign of falsehoods by the councilors of Los Verdes and Sueña Torrevieja. The essence of this resolution, adds the mayor, is that it ratifies the legality of the procedure, as well as the good work of the Procurement Department and the rest of the municipal technical services.
Finally, Eduardo Dolón has stated that, "no matter how many obstacles the opposition tries to put up, in the end, sooner or later, we always meet the planned objectives."