The Cabildo of Lanzarote must leave "immediately" the Cueva de los Verdes and, in addition, will have to compensate the City Council of Haría with a millionaire figure for "damages". This has been determined by the Contentious-Administrative Court Number 5 of Las Palmas de Gran Canaria, which has sided with the northern Consistory in its claim for ownership of the Cave.
In the ruling, against which an appeal is still possible before the Superior Court of Justice of the Canary Islands, the Court "condemns the Island Council of Lanzarote to cease the use and enjoyment of the Cueva de Los Verdes, with immediate restitution of the possession of said property to the City Council of Haría". In addition, as compensation, the Cabildo will have to deliver to the Consistory "100% of the income obtained from the sale of tickets in the Cueva de Los Verdes since November 25, 2010" (when Haría notified the Cabildo of the end of the agreement they had) and "until the restitution of its possession becomes effective".
Although the ruling does not quantify the amount to be paid, it could exceed 12 million euros. And the Cave is visited every year by more than 350,000 people, which represents an average of between 2.5 and 3 million euros of annual collection in the sale of tickets.
Friendly" attempts by Haría and "unfulfilled promises" from the Cabildo
On November 25, 2010, the City Council of Haría notified the Cabildo of its decision to declare "resolved and extinguished" the agreement that existed between both administrations for the management of the Cave, due to the "breach by the Cabildo of the obligation to pay". The decision of the Consistory was adopted in the Plenary and is already "firm", according to the ruling, "as there is no record of its challenge either administratively or judicially" by the Cabildo.
Despite the fact that the City Council then gave a maximum period of 30 days for it to "cease the use of the municipal patrimonial property" and "restore the possession of the Cueva de Los Verdes" to the Consistory, the Cabildo neither challenged that decision nor complied with it, so Haría appealed to the courts, which have now sided with it.
"It is evident that the City Council is limited to exercising the necessary actions for the defense of its rights", the ruling states, which considers that in this case there are "the necessary requirements for the resolution of the agreement or agreement existing between the parties, due to substantial breach by the Cabildo". In addition, it emphasizes that the non-compliance "cannot be left to the will of the Cabildo without further ado of its obligation to pay the corresponding fee and at the same time continue with the exploitation of the property object of the procedure".
Thus, in less than five pages of judgment, the Court endorses all the claims of the City Council of Haría. And it considers it proven that the Consistory is indeed the owner of the Cave and, in turn, that there have been breaches by the Cabildo in the agreement that both institutions have maintained since the 60s.
"Friendly" attempts by Haría and "unfulfilled promises" from the Cabildo
In the ruling, dated February 10, the Court emphasizes that "for several years the Cabildo has doubly failed to comply with its obligations" with the City Council of Haría. On the one hand, in relation to the payment of the quarterly fee. On the other hand, because "what has been paid in such concept to the City Council has been arbitrary, sporadic and unpredictable, without order, and with a great delay (with a delay of more than four years)".
In addition, the Court points out that the City Council, before going to court, tried "for two years to resolve this situation amicably, through the signing by the Cabildo of a payment plan for all the accumulated debt". Thus, the ruling refers to several writings addressed by the mayor, José Torres Stinga, to the president of the Cabildo, Pedro San Ginés, which were provided by the Consistory in this lawsuit.
In one of those writings, the mayor warned the Cabildo that "given its persistent non-compliance, the City Council was in a position to exploit and manage the Cueva de Los Verdes by itself, expressing its willingness to establish a calendar for the negotiation of the terms of a possible co-management, payment of the debt and municipal administration, making clear its prior will to resolve the conflict amicably, but warning of proceeding to direct exploitation by the City Council".
The ruling continues by stating that "after this last offer to resolve the conflict, the Cabildo only made promises to pay the debt, but never fulfilled them", which led to the decision of the City Council, adopted in the Plenary with the favorable votes of the government group of CC, to declare the agreement resolved and extinguished and demand the return of the Cave.
