The Lanzarote Water Consortium has obtained a new favorable judicial resolution in the proceedings opened by Canal de Isabel II against the termination of the concession contract for water supply, sanitation, and reuse services for Lanzarote and La Graciosa. The Court of First Instance of Las Palmas de Gran Canaria has dismissed the precautionary measure with which the company intended to suspend the seizure of the guarantees agreed upon by the General Assembly of the Consortium on June 1, 2026.
The guarantees amount to eight million euros, corresponding to six million for the definitive guarantee and two million for the complementary guarantee. The judicial decision maintains the possibility of executing the seizure while the processing of the appeal continues.
The order, signed on October 19 by the magistrate of court number three of the Contentious-Administrative Chamber, rejects the petition filed by the Legal Services of the Community of Madrid on behalf of Canal de Isabel II. The resolution is limited to this precautionary measure and does not prejudge the judgment that will be issued on the merits of the proceedings.
This resolution responds to one of the precautionary requests that the Lanzarote Water Consortium publicly reported on October 1, after receiving judicial notification of Canal de Isabel II's appeals against the contract termination and the reversion and takeover of the service. Specifically, the court now rejects suspending the seizure of the guarantees, while the processing of the proceedings concerning the agreements unanimously adopted by the General Assembly on June 1 continues.
The president of the Cabildo and the Lanzarote Water Consortium, Oswaldo Betancort, values that the judicial decision allows for the execution of what was agreed upon regarding the guarantees. "Our responsibility is to defend the general interest and the public resources of Lanzarote and La Graciosa with rigor and legal certainty," he points out.
Betancort adds that "the Consortium will continue to defend its decisions in the courts, with the support of the work of the technical and legal services and with a clear objective: to protect citizens and guarantee a water service that meets the needs of both islands."
Among the arguments for dismissing the suspension, the court points out that the economic solvency presumed for the Administration allows it to respond to the economic consequences of a possible ruling favorable to the appellant. Likewise, it notes that no bond has been offered and that the grounds for nullity alleged cannot be analyzed in this precautionary proceeding.
The magistrate also does not find that the exceptional circumstances that would allow the suspension to be ordered due to apparent good law are present, as these are matters whose assessment corresponds to the main proceeding. For his part, the vice-president of the Lanzarote Water Consortium, Domingo Cejas, highlights that "this resolution allows the execution of the seizure of guarantees to continue while the appeal is being processed. We will continue to act responsibly and with the support of legal services to defend public assets and the interests of users".
Cejas emphasizes that "the defense of the Consortium's resources is part of the commitment to improving the integral water cycle in Lanzarote and La Graciosa, which requires rigorous management and compliance with contractual obligations".
The order does not impose the costs of this incident on any of the parties and establishes that an appeal may be filed within fifteen days of its notification.
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