Justice squashes a resolution of the Cabildo

imagesThe Contentious Administrative Court number 3 of Las Palmas has declared the resolution of the Cabildo of Lanzarote null and void and has recognized the rights of owners of holiday villas to receive an Inspection book and claims forms, the documentation required to be able to let their property to tourists.

In the Court Judgment dated 15th of October 2014 the Judge considers the declaration of responsibility or “declaración responsable” to be sufficient to obtain the above documentation and that the administrative authorization requested by the Cabildo is not necessary.  The Court Sentence goes on to say that any such authorization cannot be applied for anyway whilst the Canary Island Moratorium remains in effect.

This court judgement, which may still be appealed, establishes, pursuant to the European Bolkestein Act and State Law 17/2009 regulating tourist activities, that as holiday lets are considered to be a service, they do not require prior administrative authorization.


The lawyers acting in defense of the owners, which is to say, Eileen Izquierdo Lawlor, Mario Izquierdo Lawlor and Jorge de la Cueva Terrer, underline the importance of this Court Judgement, as the magistrate clearly resolves that “there is no doubt whatsoever that these European Rules are applicable in the Canary Islands” and further goes on to say that “no doubt whatsoever exists for this Judge concerning the application of these rules and consequently the question of approaching the European Tribunals is unnecessary.”

Therefore, this Court Judgement is of vital importance, as it gives thousand of owners who let their properties at risk of a fine a break and gives them the possibility of being able to legalize their situation.

It furthermore casts doubt on the new Law on Tourism of May 2013 which, contrary to this Court Judgement, establishes the necessity for administrative authorization for any kind of tourist activity in the Canary Island.

After this Judgement, a further thirteen court judgements have been passed before the various Contentious Courts of Las Palmas numbers 1, 2, 4, 5 and 6, all with the same criteria and favorable outcome and all now firm Court Judgements.



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