Public maritime terrestrial domain

Commentary on the Tribunal Supremo of 21 march 2012

Abstract

The sadly famous hotel «The Algarrobico» located in Carboneras (Almeria) violates, in the opinion of the Supreme Court, the Law of Coasts, on having had scorned the motives used by the Town hall of Carboneras against a previous judgment of the National Hearing that declared in conformity with the juridical classification a Ministerial Order of the year 2005 for which wide to 100 meters the zone of protection servitude in the littoral that receives the establishment of 411 rooms and 20 plants. The Supreme Court thinks that the Town hall should have proceeded, once the Law of Coasts came into force, to checking his partial plan of the soil where the Hotel is located, in whose area had not produced to itself urban development any development, it to fit, in width of the protection servitude, to the rules of the law.