The embargo request, filed before the Contentious-Administrative Section of the Court of Instance of Las Palmas de Gran Canaria, aims to guarantee the payment of 409,033.13 euros owed by the council to the company. An additional 122,709.94 euros have been provisionally set for legal costs and interest, bringing the total execution amount to 531,743.07 euros.
The document submitted by the company demands that the mayor of Agaete be required to identify municipal assets subject to embargo. Furthermore, it requests that interest be increased by two points due to the "lack of diligence" attributed to the town council in fulfilling its obligations.
This legal action follows a court order on March 26 for the Town Council to pay the 409,033.13 euros corresponding to the judgment. According to the company, the council did not file any opposition within the legal deadline nor has it paid the claimed amount, leading the company to activate the enforcement procedure and directly request the embargo of municipal assets.
The origin of the dispute dates back to April 2016, when the Agaete Town Council and the company signed an urban planning agreement for the development of a residential project in the Molino area, near Puerto de Las Nieves. The agreement, later ratified by the municipal plenary, involved a modification of urban planning that was never carried out.
Over time, the municipal inaction regarding the urban planning modification led to a patrimonial claim by the developer. In March 2021, the company formally requested over 400,000 euros for the economic damages suffered, arguing that the Administration had breached its obligations under the agreement.
The controversy escalated when the Town Council attempted to annul the urban agreement through an ex officio review, alleging legal defects such as the lack of technical and economic reports or the absence of public exposure.
The courts rejected the municipal argument, concluding that the Agaete Town Council had acted with an abuse of power. The ruling determined that the council used its administrative powers to evade the economic consequences of its own non-compliance, rather than to defend urban legality.
The judicial resolution consolidated the judgment of 409,033.13 euros against the town council, to which interest and legal costs were added. Despite the court order in March to pay the sum, the debt has not been settled, bringing the procedure to a critical phase for municipal coffers with the embargo request.
