He Supreme Court (TS) has not admitted the appeal against the annulment of the expropriation of the shares of the Huelva Recreational carried out in 2016, so Gildoy Spain SL is once again the largest shareholder of the Dean of Spanish football. A decision on which there is no appeal, so Pablo Comasafter nine years of litigation and a court battle, returns to take the reins of the club, which is in the process of sale.
He Superior Court of Justice of Andalusia (TSJA) ruled in January 2024 in favor of Pablo Comas and ordered the Huelva City Council to return the club to him, from which he left in October 2016 after the expropriation of his shares was carried out. That ruling that annulled and revoked the expropriation process carried out by the previous Huelva municipal government, headed by the former socialist mayor Gabriel Cruz. In March, the City Council presented an appeal against that ruling of the TSJA before the Supreme Court, which was finally not admitted for processing, so Gildoy España SL is once again the main shareholder of Recreativo. “The inadmissibility for processing is agreed, in accordance with the provisions of article 90.4, section a), of Law 29/1998, of July 13, Regulating the Contentious-Administrative Jurisdiction,” explains the TS in its ruling, which orders the Huelva City Council to pay the costs.
The TS considers that the Huelva City Council’s request is unfounded and ratifies the TSJA’s decision to return ownership of the shares to Gildoy Spainwhich will be the one who decides the future of the club, which was in the process of being sold by the Consistory, which during the years in which it has been under its tutelage has injected more than 14 million euros into the Dean. A team that currently plays in the First Federation, the bronze category of Spanish football, and that is in relegation positions.
Although the City Council had advanced the sale of the club, its future now passes into the hands of Pablo Comas, who after almost a decade of litigation recovers the majority shareholding package of Recre that was expropriated by the City Council.
«The trial Chamber considers the appeal, interpreting as the main issue articles 3, 4, 15, 16, 18 of Law 14/2007, of November 26, on the Historical Heritage of Andalusia (FD 4), being prohibited to this Chamber interpret and apply autonomous law ex article 86.3 LJCA, becoming instrumental the rules alleged to have been infringed on state law in the preparation document, with respect to which “the appellant makes the due judgment of relevance required by article 89.2.d) LJCA, since the infringement of said Law, its relevance in the ruling or the need for interpretation that would correspond to this Court is not proven,” argues the TS in its ruling to reject the appeal presented by the Consistory.
«In accordance with article 90.4.c) LJCA, its admission would not be appropriate in application of the doctrine on the principle of useful effect of the appeal of cassation, which, in summary, prevents it from succeeding when, despite not being in accordance with Law the arguments and reasoning of the appealed sentence, whether in whole or in part, this should not translate into the success of the claim for approval in cassation, because the final decision is in accordance with the law,” adds the high court.
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