Communicated on 16 January 2020
Published on 3 February 2020
THIRD SECTION
Application no. 43604/18
Maria Isabel CRUZ GARCIA
against Spain
lodged on 8 September 2018
SUBJECT MATTER OF THE CASE
The application concerns the applicant’s right of access to a court and to judicial remedies within the framework of judicial proceedings concerning the lawfulness of a building permit.
In February 2006 the applicant bought an apartment in Poio (Pontevedra). In June 2006, the site developer was fined for having built the apartment in a protected area, and was ordered to demolish the constructions. The site developer initiated court proceedings against this sanction, which terminated in 2009 with a judicial decision confirming the sanction and ordering the demolition of part of the applicant’s apartment, along with other ones. The applicant was never informed either of the administrative sanction or the court proceedings until 2016, when she was requested, as the registered owner of the apartment, and via coercive fines, to demolish part of the apartment. The applicant applied unsuccessfully to have the proceedings declared null and void.
QUESTIONS TO THE PARTIES
Did the applicant have effective access to a court and to judicial remedies in accordance with Article 6 § 1 of the Convention, having regard to the fact that she was never informed either of the administrative sanction or the court proceedings concerning the lawfulness of the building permit that affected her apartment (see Aparicio Navarro Reverter and García San Miguel y Orueta v. Spain, no. 39433/11, 10 January 2017 (which gave rise to the judgment of the Supreme Court no. 807/19, of 19 February 2019))?
The parties are invited to submit the following supporting documents on the matter:
a) Complete copy of the judicial proceedings initiated by the site developer against the administrative fine.
b) Complete copy of the administrative sanctions imposed on the applicant.
c) Complete copy of the proceedings initiated by the applicant against the coercive fines imposed on her to demolish part of her apartment.
d) Copy of any information served on the applicant concerning the administrative and judicial proceedings or the lawfulness of the building permit
e) Demolition order, if any.
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