The Superior Court of Justice (TSJ) of the Valencian Community has accepted for processing the appeal presented by an individual against the “inactivity” of the Valencian Generalitat and the Security and Emergency Agency in relation to DANA.
As reported this afternoon by the Valencian TSJ, the Fourth Section of the Contentious Chamber of this court has issued a decree by which it agrees to admit for processing the appeal presented by an individual against, as this appeal literally states, “inactivity of the Presidency of the Valencian Generalitat and the Security and Emergency Agency of the Generalitat itself in relation to dana.”
In accordance with the law, the Valencian TSJ has agreed to claim the administrative files from those responsible. In addition, it gives the “defendant corporations” a period of nine days so that they “can appear in court” as “defendants.”
The appeal was presented by the Valencian lawyer Curro Nicolau. Nicolau is a lawyer who during the pandemic filed dozens of appeals and claims in court related to the pandemic. Many of them failed and resulted in the Supreme Court’s judicial endorsement of the central government’s mobility restrictions. Nicolau also presented another contentious-administrative appeal before the Supreme Court “for inactivity of the (central) Government in the management of the DANA catastrophe.”
In his writing to the TSJ of the Valencian Community, Nicolau pointed to the “clear inactivity” of the Generalitat “by not properly informing the population and with sufficient time to minimize the possible devastating effects of the increase in the massive and fleeting flow of the rivers. Magro and Rambla del Poyo”. “The inactivity of the Generalitat has greatly aggravated the tragedy that occurred on October 29, 2024 and the following days in many towns, and which the appellant himself has suffered directly,” he stated.
Two days ago, this court referred to the Supreme Court another lawsuit filed by an association for the “inaction” of the Government of Pedro Sánchez regarding the floods caused by DANA in the province. In this case, it was presented by the Liberum association against the Government Delegation in Valencia, which is why the Valencian TSJ considered that the competent body is the Supreme Court.
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