He Supreme Court starts this Thursday try first resources by property claims to the State for covid-19 of businessmen and self-employed workers, who expect compensation for damage caused by restrictions during alarm states subsequently canceled. Legal sources have informed EFE that the Fifth Section of the Administrative Litigation Chamber It has more than 7,000 resources on the table for property claims, of which it has chosen seven to establish the jurisprudence to follow for the rest.
So, two public hearings are being held today of the resources of the Alhambra Palace hotel and Lateral Group, while the other five will be resolved before October 5, the high court reports. One detail to take into account is that the mere unconstitutionality of the two states of alarm does not grant the right to claim but is It is essential to prove that irreversible damage has been sufferedsources point out.
The sources explain that, in general terms, the resources are more or less similar because they share the same scenario and they are all a consequence of the administration’s dismissal, whether express or due to administrative silence, of claims from companies and self-employed workers who claim to have suffered compensable economic damages due to the measures issued during the pandemic.
Now, there are some variations. For example, some are claims framed in the first state of alarm and others in the second, some are against state decisions and other of the autonomous communitiessome emphasize total damage such as the closure of their business and others partial damage due to limitations on hours or capacity in bars, restaurants and nightclubs.
The sources recognize the “complexity” not only because all the money that may be involved but because in case of endorsing these claims, the magistrates have to make clear who would bear the costs, whether the State or the autonomous communities since each one approved their measures although there were also cases that were shared.