The Supreme Court has agreed with the promoters of the management of hammocks in the El Veril area and to demand a loss of profits adapted to the justified income of that time and not to the forecasts maintained by Costas signed by Ecological Transition condemning the defendant Administration to the payment to the appellants of compensation plus legal interest from the date of the administrative claim. The case is not so much about the compensation money but about the legal precedent it creates.
This comes because Costas sent officials to denounce beach bar number 1 and hammocks on the basis of an economic study of costs and loss of income due to cessation of activity in the operation of the Kiosk and Service of Hammocks and Parasols of Playa del Inglés in November 2020. It was not possible to clarify in the ruling whether the lost profits were per unit, that is, per hammock or the entire group, estimated at 747,55 euros income per day.
The report identified a loss of profits of 33.639 euros (it is not clarified if it is per unit and year) and as consequential damage, the comprehensive part of the proportional part of the costs and expenses, including the proportional part of the investments made and the part proportional fee, the amount of 17.569,95 euros, plus 2.473,40 euros for amortization of the hammock and umbrella exploitation service.
That is, it was claimed for loss of income, and for expenses incurred during said period.
Starting with the consequential damage, the aforementioned economic study included different items for this concept, the first relating to personnel expenses (11.796,776 euros). However, this study did not relate, nor did it include, payrolls or documentation that would serve as support to prove that during said period of inactivity of 45 days the salaries of the personnel claimed had been paid, therefore, since it was not accredited that effective damage, no amount could be awarded for that concept.
Regarding the maintenance and consumables item, which was accepted, it would be necessary to subtract from the 667 euros that were claimed, the 180,82 that according to the economic study correspond to the kiosk and attached elements, which gives the amount of 486,18 euros. Nor did it include the amortization of the exploitation of hammocks and umbrellas, 2.473,40 euros, that is, as consequential damage, damages amounting to 4.648,62 euros are credited.
We must not forget that by resolution of November 8, 2006, issued in execution of the Judgment of the National Court of September 22, 2000, the preferential right of the owners of the hammock areas to obtain concessions was declared. of new uses and existing exploitations that may be granted in the strip between the boundaries approved in 1984 and 1995.
As a result, on March 4, 2007, they requested the granting of the concession of the rights of occupation and use of the land included between the old and new delimitation of the public maritime-terrestrial domain (DPMT) referred to in the mentioned resolution, without said request having obtained a response in the following years with regard to the sectors of exploitation of hammocks and umbrellas, unlike other sectors of the same plot on which administrative concession was granted for sector sports.
On August 3, 2011, they requested administrative authorization to install a removable kiosk and two sectors, each with 150 hammocks and 75 umbrellas, on the land located between both boundaries, while reiterating the request for a concession for the same uses, for a period of 30 years extendable for another thirty. But in 2016 Costas filed a complaint for "occupation of the area according to the boundaries of El Veril Faro de Maspalomas" with 105 hammocks and 52 umbrellas that occupied an occupied area of 611 m2, of which 24,15 m2 are outside the strip granted between the boundaries. OO.MM of December 19, 1984 and September 28, 1995.
In another area, 95 hammocks and 47 umbrellas, which occupied an area of 473,50 m2, of which 123,15 are outside the strip granted between the boundaries. OO.MM of December 19, 1984 and September 28, 1995. And in another area 98 hammocks and 49 umbrellas, which occupy an area of 622,50m2 of which 305,31 are outside the strip granted between the boundaries of 1984 and 1995 .
