Property rights and market restrictions in Andalucia, Spain

1.7.2013

Question for written answer E-007765-13
to the Commission
Rule 117
Marta Andreasen (ECR)

In 1999, constituents of mine purchased an apartment in a hotel building in Torremolinos, Andalucia. The property was purchased freehold and without encumbrances, with the intention that it could be used by the owners and also let out.

In 2004, the Junta de Andalucia (government of Andalucia) introduced Decreto 47/2004 de 10 de febrero, de establicimientos hoteleros (Decree 47/2004 of 10 February 2004 regarding hotel establishments).

Article 6 of this decree establishes the principal of ‘unity of management’.

This effectively means that if my constituents wish to let out their property, then they are obliged to do so through the management of the building in which it is situated.

The decree is retrospective in its effect. It has two effects on my constituents.

Firstly, it diminishes their property rights. They are limited as to what they can do with this property, which is clearly worth less with this (uncompensated) encumbrance.

Secondly, it provides an effective market monopoly to the management of buildings such as the one in which my constituents’ property is located. There is an obvious conflict of interest if the management is offering rooms to let on their own account and in competition with my constituents. Furthermore, a charge is levied for the (unwanted) services provided.

Does the Commission consider that the restrictions on excercise of trading rights implicit in the decree are compatible with the treaties?

OJ C 56 E, 27/02/2014