Today, the Supreme Court rejected appeal 3019/2013, lodged by the Generalitat (Autonomous Government) of Catalonia against the Order of Section Five of the Administrative Chamber of the High Court of Catalonia (TSJC) of 16 July 2013, by means of which it intended to prevent the annulment of the awarding of the service to Acciona.
On 31 October last, the Supreme Court confirmed the annulment of the awarding of the public company Aigües Ter-Llobregat (ATLL) to Acciona, based on the fact that the Generalitat entered into the contract without awaiting the decision of the Administrative Office of Contractual Appeals of Catalonia (OARCC), which excluded it from the tender.
In its judgement, the Administrative Chamber thus ratified the decision of the TSJC and rejected suspending, as a precautionary measure, the decision of the OARCC, which excluded Acciona from the proceedings after having been awarded the contract and beginning to provide the service on 1 January 2013.
In December 2012, the Generalitat of Catalonia awarded the tender to the consortium Acciona-BTG, of which Aigües de Catalunya Limitada (ACL) forms part. Sociedad General de Aguas de Barcelona, AGBAR, also participated in the tender.
The Administrative Office of Contractual Appeals of Catalonia (OARCC), the body created by the Generalitat itself and attached to the Ministry of the Presidency, decided on 3 January 2013 to exclude Acciona from the tender to award ATLL due to a breach of the tender conditions.
The ruling of the Supreme Court maintains in force the exclusion of Acciona-BTG from the tender, on rejecting the suspension as a precautionary measure of the decision of the OARCC requested by the Generalitat of Catalonia.