The judicial resolution, issued by the Contentious Administrative Court number 3 of Barcelona, admits the appeal presented by the Plataforma Anti-Incineradora de Cercs (PAIC), the group Tots Som Cercs, and three residents. This decision recognizes their legitimacy to claim communal ownership of the lands known as the Emprius de la Casassa o de la Garganta, where the former thermal power plant is located.
The sentence annuls a previous agreement made by the Cercs Town Council and compels the council to initiate and process an investigation procedure to determine if the land is communal property. If confirmed, the court orders the municipality to comply with all corresponding steps, including formal registration at the Berga Property Registry as communal property.
It condemns the Cercs Town Council to initiate another investigation procedure which must be processed and resolved with maximum diligence.
In a statement, the Anti-Incinerator Platform positively assessed the judicial resolution. Although the judge did not rule on the core issue, the collective considers that the obligation to resume the investigation represents “positive indications” and an opportunity for the residents of Cercs and the Alt Berguedà to jointly decide the future of these spaces.
The PAIC urges the Town Council to comply with the judicial mandate with “speed and care” and assures that it will monitor the investigation process to ensure it develops correctly and favorably to communal interests.
