The judicial resolution clarifies that administrations can only award services without bidding to public companies if they exercise effective and decisive control over them. In the case of Fisersa, the Figueres City Council holds 99.87% of the shares, leaving Vilafant and the Alt Empordà County Council without real strategic decision-making power.
“"It is relevant that the Statutes contain a specific provision providing for a right of veto or requiring a favorable vote for strategic or important decisions."
This decision directly impacts the management of the Albera Network, which supplies water to municipalities such as la Jonquera, Agullana, Pau, and Vilajuïga. The contracts signed in 2013 and 2021 may be declared void unless the company's statutes are modified.
