The Supreme Court gives us reason and affirms the nullity of the splitting of the M-501

Ecologistas en Acción

Obras en la M-501

Febrero de 2008

The Supreme Court dismissed an appeal by the Community of Madrid against the Judgement of the Tribunal Superior de Justicia de Madrid declaring void the agreement of the Governing Council which approved the splitting of the M-501 . Ecologists in Action will ask for the execution of sentence and study the opening of criminal proceedings against advisers who authorized the doubling transport and against Esperanza Aguirre. The sentence is final and not appealable.

The Supreme Court ruling, delivered to the parties on Friday, February 18, has 16 pages and is issued by the Third Division. This statement responds to an appeal filed by the Community of Madrid, in 2008, against the Judgement of the Superior Court of Justice in Madrid by declaring void the agreement of the Governing Council of 21 July 2005 which was approved by the splitting of the M-501, from mile 22 to 39, between Quijorna and Navas del Rey. West of the Community of Madrid.

This agreement was made on a project that had been dismissed in 2000 by Alberto Ruiz Gallardon, after issuing a negative impact statement by the Ministry of Environment and a report, also contrary, the Superior Council for Scientific Research.

The Community of Madrid, to justify the implementation of the split said the draft raised public interest in road accidents, although the data itself classified Department of Transportation Highway M-501 as a low hazard.

The ruling, made public, cancels the agreement taken by the Governing Council and the Ministry of Transport for several reasons. Among them include the lack of consultation prior to the European Commission, by affecting an area included in the Natura 2000 network, namely the Special Protection Area for Birds, called the rivers Cofio Holm and Alberche and Place of Interest Community Watershed Alberche and Cofio rivers.

Similarly, the decision considers that given the public interest that would be justified by the project implementation. In this way it is stated that road safety is not comparable to the public interests of health or public safety, put forward by the Community of Madrid which would justify that, despite a negative environmental impact statement, approval of the split.

Ecologists in Action warmly welcomes the decision and stressed that this is a final court ruling and not appeal. In the coming days, the organization will request the execution of sentences and restitution of the area to its condition prior to commencement of work. Also initiate consideration of opening of criminal proceedings against Esperanza Aguirre and Transportation directors who authorized the work, Francisco Granados, Maria Dolores de Cospedal and Elvira Rodriguez. At all times they knew what they were doing was contrary to law, even manipulated the numbers of road accidents and stalled the project for improvement of the road (no need to unfold, which in 2004 was already in the process of expropriation).