The Superior Court of Justice of Madrid (TSJM) has forced the Government in a ruling to pay 652,000 euros to the Boadilla City Council del Monte for the damage caused by the Filomena storm of January 2021.
This is stated in a sentence, in which an appeal from the Consistory is partially considered against a resolution of the Delegation of the Government of the Community of Madrid, dated December 16, 2021 and against the presumed dismissal of the appeal for reconsideration filed against it.
The Boadilla del Monte City Council submitted a request on February 18, 2021 for a subsidy for 100% of the emergency expenses, detailing contractor, invoices, amount and concepts, caused by the aforementioned storm. To do this, it provided a list of invoices from a first request for different snow removal jobs, machinery rental, tree pruning, cleaning, blankets and emergency work.
He understood that the requirements were met for the expenses to be subsidized when it was proven with the documentation provided that the emergency caused gave rise to incurring eligible expensesfor an amount of 5,639,943.75 euros not recognized, discounting the 83,927.91 recognized.
Eligible assumptions
The magistrates conclude that the actions carried out as a consequence of the emergency caused by the Filomena storm whose devastating effects are not questioned should be subsidized, but always within certain limits: “temporary, because they are immediate and essential to the safety of people, rescue, avoidance of damage, In short, what is really urgent in these cases”.
The Chamber accepts “the partial search, and what is not searched is considered in part, so that they must be included in the subsidy covers the expenses incurred for snow removal and cleaning work in the detailed invoices”.
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