The legal services of the San Bartolomé de Tirajana City Council have lost an appeal in the Supreme Court against a ruling by the Contentious-Administrative Chamber of the Superior Court of Justice of the Canary Islands regarding Perfaler, to which the local corporation in the south of Gran Canaria wanted to challenge the payment of 5,5 million euros and which occurred at the time of the PSOE in 2020. At the origin of the controversy is the Mayor's decree of September 2020 by which the final settlement of the income owed by Perfaler for 5,2 million euros was approved, as a repetition of the amount paid jointly, by the San Bartolomé de Tirajana City Council, in execution of sentences issued in the social jurisdictional order, which declared the contracts of municipal workers indefinite and which jointly condemned the City Council and the aforementioned entity to pay the amounts claimed by the workers.
The enforcement process began with the issuance of the enforcement order by the General Treasury, on March 22, 2021 and, after successive procedures responding to requests of different kinds (annulment of the liquidation, suspension of the voluntary payment of the liquidation without providing collateral, splitting and postponing payment of the debt and compensation of credits in favor of a third party) the City Council lifted the suspension of the
collection procedure that had been agreed upon, ordering that the legally established procedures for the management of the collection of the aforementioned amount be continued.
Perfaler Canarias filed an appeal, which it won, before a Contentious-Administrative Court of Las Palmas in March 2022. Although the ruling states that the enforcement order only allows limited challenge to the liquidation for established reasons, it considered that the liquidation carried out It was null and void as the action for repetition was civil in nature, and was not a non-tax public law income, so that the enforcement process cannot be used for its claim.
Dissatisfied with the Court's ruling, the San Bartolomé de Tirajana City Council appealed. The TS ruling indicates that "having delimited the controversial object, it is essential to highlight" that the enforcement procedure in relation to the amount of 5,2 million euros "determines the nullity of the enforcement order itself, so that the enforcement order of March 22, 2021 is invalid".
