Wed. Sep 28th, 2022

Santa Cruz de Tenerife (EFE).- The Administrative Cases Chamber of the Superior Court of Justice of the Canary Islands has revoked a court ruling that revoked the license granted to the Cabildo Institute of Astrophysics of the Canary Islands in La Palma. To set up a 30m telescope at Puntagorda.

Ben Magec-Ecologistas en Acción condemned the license on the understanding that the beneficiary of the facility was not the IAC but the international consortium promoting the infrastructure.

The controversial Administrative Court number 2 of Santa Cruz de Tenerife issued a ruling in July 2019 that upheld the environmental agency’s appeal regarding the interpretation of the Cabildo de la Palma’s resolution to expand the land of the Roque de los Observatory Guise. , in La Palma, it just doesn’t fit.

In the phrase known today, the TSJC considers the considerations set out by the Insular Corporation that the IAC is entitled to request exemptions because its considerations of a public consortium are considered in the law that governs it and empowers it. To manage the existing astronomical centres, observatories and facilities and those created or included in its administration in future.

It adds that the IAC actively participates in the use and financing of the TMT as specified in the agreement signed between the two organizations and also recognizes the power to grant direct public concessions to the Institute of Astrophysics, as in this case the Municipality of Puntagorda.

The judgment asserted that “it does not require much dialectical effort” to conclude that the IAC is entitled to manage the land on which the observatories are located and therefore that the TMT is owned by a legal entity other than the IAC. Does not affect the validity of requests for and receipt of public exemptions.

According to the Chamber, the common interest present in the process and the public law consortium nature of the IAC justify the direct award of this exemption, where it is necessary to fulfill or terminate a public service function. of general interest.

The sentence is not final and is subject to appeal in the Supreme Court. EFE

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