The ‘Superior Court of Xustiza de Galicia’ (TSXG) has dismissed the Vigo City Council’s appeal against the sentence that ordered it to continue with the procedure for direct granting of a subsidy of 295,000 euros, committed in the budgets of the municipal Administration for the financial year 2019, to the Real Club Celta de Vigo Foundation to boost grassroots football.
In this way, the court of the Contentious-Administrative Chamber has confirmed the ruling of the Contentious-Administrative Court number 1 of Vigo, which partially upheld the appeal filed by the foundation against the resolution of July 23, 2020, of the Consistory in which it rejected the request for payment of the subsidy.
The court, made up of magistrates Francisco Javier Cambón Garcia, as president and speaker, Cristina María Paz Eiroa, and Luis Villars Naveira, explains in its sentence that the appeal presented by the City Council “suffers from an absolute lack of criticism of the sentence appealed ”, and it is “a mere reiteration of the arguments of instance, disguised or reformulated”.
For this reason, the magistrates recall that the appeal “does not constitute a second instance to repeat the same arguments that have already been resolved”, since “only the allegations that are directed to prove the error that may have been incurred in the sentence that is challenged, the lack of due assessment of the test practiced or defect in the application of the legal norm that is applicable.
The court indicates that it is “obvious” that the City Council is not satisfied with the ruling, through the appeal “prevents it from acquiring finality, delaying its compliance”, and thus stands up “against a sentence that precisely orders it to comply with the obligations omitted procedures”.
In the first instance resolution, the substitute judge María Luisa Maquieira Prieto understood that the local Administration had not followed the procedure established for the granting of direct subsidies provided by name in the budgets for 2019 in favor of the Celta de Vigo Foundation. In addition, she stressed that it is a “simple procedure”, since in the subsidy included in the accounts, “both the beneficiary and the limit of the budget allocation” are already determined.
