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Which approves the Regulation of Services of Local Corporations, article 114 et seq. , and Law, of November 3, on the Assets of Public Administrations , in its Article 100 et seq. , point out the following as possible causes for the termination of an administrative concession granted at the local level : Due to non-compliance by the concessionaire. Due to reversal of service due to non-compliance by the concessionaire. For rescue of the service for reasons of public interest , in accordance with the provisions of article 52 of the RSCL. By the declaration of expiration of the concessional title . Due to bankruptcy or suspension of payments or extinction of the managing legal entity . Due to bankruptcy or suspension of payments or death of the individual entrepreneur . By mutual agreement of the Administration and the concessionaire . A.-Resolution of the concession title due to non-compliance by the concessionaire. Regarding this figure, it is vital to be aware that the non-compliance that promotes the resolution must affect an essential obligation on the part of the concessionaire, which frustrates the purpose of the concession.
Regarding this statement, the High Court illustrates us, through its STS, 3rd Chamber, 4th Sec. dated , issued in cassation appeal no. 4589/1999 (with the Rapporteur being His Excellency Mr. Rafael Fernández Montalvo ) with the following reasoning: “The breach that justifies the resolution must be substantial; any departure from the obligations Canada Mobile Number List assumed in the contract is not enough, but must affect the essential obligation of one of the parties in the case of bilateral or reciprocal obligations. That is, according to the jurisprudence of both this Chamber and the First Chamber of the same Court, it must be a basic, serious breach of the obligation, in the sense that the conduct of which the provision consists is not carried out, the objective purpose of the contract being frustrated . Or, in other words, also in this area of contractual resolution, the principle of proportionality must be observed, which requires in order to resolve that the non-compliance affects the essence of what was agreed, it is not enough to allege the non-performance of accessory or complementary services. , that do not prevent, due to their limited nature, reaching the end of the contract . B.-Kidnapping.
This institution can only be applied when we are faced with a serious infraction, which we remember is usually included in the specifications that govern the concession. It may also be applied when the concessionaire commits a minor infraction that jeopardizes the proper provision of the public service, including disobedience to modification orders. All this, in order to provisionally ensure said public interest. Said seizure must be notified to the concessionaire, and if the latter, within the period set, does not correct the deficiency, the seizure will be executed. While such sequestration lasts, which is usually for a maximum of two years, the acting Local Administration will be directly in charge of the operation of the service and the collection of the established rights, using the same personnel and material of the concessionaire. Likewise, said kidnapping will entail the corresponding compensation to the concessionaire. C.-Expiration. This figure only has a place in those cases in which very serious infractions are committed , which are also usually included in the Documents that govern the concession. The declaration of expiration will also proceed in the following cases: a) If the seizure is lifted, the concessionaire would again incur the infractions that would have determined it or other similar ones; b) If the concessionaire commits a very serious breach of its essential obligations.
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发表于 2024-3-12 16:49:33