The TSJIB rules in favour of the APB and dismisses CM Molinar de Levante's appeal against the eviction and suspension of its activities
The TSJIB rules in favour of the APB and dismisses CM Molinar de Levante's appeal against the eviction and suspension of its activities
Palma
12/03/2025
The High Court of Justice of the Balearic Islands (Spanish acronym: TSJIB) has dismissed the appeal lodged by the Club Marítimo Molinar de Levante (CMML) against the decision of the Port Authority of the Balearic Islands (Spanish acronym: APB) revoking its temporary occupancy permit and ordering the eviction of the facilities located in the Caló d'en Rigo dock in the port of Palma. The ruling refers to events that took place in 2019 when the nautical organisation refused to leave the port area after its occupancy rights had expired.
The court rejected the CMML's claims in its ruling of 24 January 2025, including the alleged abuse of power and arbitrariness on the part of the APB. The Chamber upholds that the port authority acted within its powers and that the club was aware from the outset of the authorisation of the possibility of revocation due to the execution of works in the area.
The TSJIB also recalls that a previous ruling in June 2023 had already confirmed the legality of the suspension of the club's restaurant activities. According to the ruling, the CMML accepted the occupancy authorisation in March 2019 with full awareness of its temporary nature and of the clauses allowing for its unilateral revocation.
The court highlights that the eviction was necessary to carry out works in the port area, as confirmed by inspections that revealed the poor condition of the docks and the social building. It also rejects the alleged violation of the principles of transparency, objectivity and legitimate expectations, considering that the APB's actions were in accordance with the law and the public interest.
This ruling brings an end to the dispute over the termination of the CMML's occupancy permit, strengthening the APB's position in the ongoing insolvency proceedings. In addition, the TSIB highlighted the good work of the APB in this process, especially the outcome of the witness testimony.
Legal confrontation
As of February 2019, CMML and APB entered into a conflict due to the club's refusal to vacate its premises. The APB had informed CMML on 14 February 2019 of the termination of its occupancy rights in the small port of Molinar, requesting the transfer of the boats to Portitxol to begin the planned refurbishment works. However, the club requested an extension, arguing delays in the delivery of keys and authorisations by the APB, which was denied by the Port Authority.
In May 2019, the situation escalated when Port Police officers ordered the cessation of activities in the building that housed CMML's restaurant and head office, preventing access to the building. Despite this order, the club announced its intention to continue operating until it received a court ruling ordering the eviction. Subsequently, in October 2019, the APB applied to the TSJIB for the administrative eviction of CMML from the facilities it occupied, thus seeking a judicial resolution that would support the need to free up the space in order to proceed with the planned works in the port.
