The Supreme Court in Madrid has upheld a ruling of the Balearic High Court to order the closure of the Botel Alcudiamar in Puerto Alcudia. An appeal had been lodged with the Supreme Court by Alcudiamar S.L., the company that operates the marina.
The courts have reversed the tourist authorisation that was granted to the hotel in 2003, by when it was already operating as a hotel. The Supreme Court's ruling would appear to bring to an end a legal battle that was initiated by the environmentalists GOB. They argued that tourist operation was illegal and that the establishment had been intended exclusively for nautical use. Alcudiamar has declined to comment on the Supreme Court's decision, saying: "We want to study the ruling."
The Balearic High Court established that the hotel activity was contrary to planning and tourism laws and that the authorisation could not remain in effect. In March this year, the court ordered that the Council of Mallorca should take the necessary steps to close the hotel within two months.
On October 17, two days after the Supreme Court announced its ruling, GOB submitted a new document to the Balearic High Court demanding that the Council and Alcudiamar close and seal the hotel facilities "without further delay".
"It is unacceptable that an establishment declared illegal continues to operate with impunity within the maritime-terrestrial public domain. The Supreme Court ruling is a victory for the defence of the territory and the public domain and reinforces the principle that no corporate privilege can be above the law and environmental and territorial protection."