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The High Court of Madrid agreed cessation of work on the M-501

Thursday 22 May 2008, by sods

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The Court describes as unacceptable the arguments of the Comunidad de Madrid to oppose the stay, but to proceed with it imposes a bail of 497,367 euros to Ecologists in Action. This organization considers very positive the car but regrets that compliance with the law linking the deposit of bonds millionaire. Therefore use the car and requested the elimination of the same.

Obras M-501The High Court of Madrid, by Order dated twenty-second day of May 2008, has agreed provisional execution of the judgement that rendered February 14, 2008, in connection with the conversion works in highway road M-501 . This indicates that the order should immediately halt all works of project implementation.

That Self described as "unacceptable" for any inconvenience provisional enforcement argues that the Comunidad de Madrid. Equal consideration rejects the allegation de la Comunidad de Madrid when he says that he has spontaneously to implement the ruling of the judgement. So states: "If that had happened, the Administration would have begun to dismantle or at least stop his execution. But there is no evidence whatsoever that has begun the procedure to correct the flaws that led to the cancellation of the project. "

Moreover the Court finds that the contacts that the Ministry of Transport has had with the Environment Directorate-General of the European Commission can not replace the prior collects the Habitats Directive and does not prejudge the decisions to be taken in Commission As a collegiate body. Finally the Board is manifested on the existence of damage difficult to repair and irreversibility of the situation that may occur. Rate of ironic that the Comunidad de Madrid asserting the need for further works to prevent ecological damage, when the illegality lies precisely in violation of the rules protecting the environment. And considers inadmissible substantiate opposition to the detention of works done in the little time remaining for completion, which is, says the Court, both as a fait accompli devote exacerbated by the continuation of current performance.

Despite the legal foundations exposed to coincide fully with those who Ecologists in Action has maintained since 2005, the Court imposes on the ecological organization, bail of 497,367 euros (82,754,906 pesetas) to paralyze the works. Ecologists in Action regrets that compliance with the legality of linking systematically with the deposit of bonds millionaires, including nonprofit organizations. It is paradoxical that compliance with the law is so dear to the complainants and is so cheap for violators incur illegality. Therefore, Ecologists in Action will use the car and asked the elimination of bail.

In addition, this organization points out that the dynamics of the Administration to act in Madrid, almost systematically, apart from the legality, coupled with poor control exercised by the opposition, represents a tremendous effort for this organization. Actual Ecologists in Action, in Madrid, remains open 12 Judicial review in the High Court of Justice against the Comunidad de Madrid. In addition there are two other ongoing. In the Courts of the Administrative Litigation Madrid there are three resources. And there are different courts in Madrid brought nine criminal complaints against local authorities, illegal activities, etc..