The context of the controversy
In the background of all of this is the fact of whether the will of the board property to end the lease was properly communicated. Because there was a tenant society and another sub-tenant society. And the operators of the discotheque and the restaurant, which have now been closed for a long time, have always played with this. In a certain way, and as all ordinary judicial authorities have already said, the confusion could have been caused, intentionally or unintentionally, by the businessman Josep Maria Loan, linked to the business in question.
The decision of the Superior Court
According to a recent opinion of the Constitutional Court, the civil chamber of the Superior Court already indicated that the companies Pou Salit SL and Buda Espai Andorra SA are two different entities, but it is necessary to analyze the intervention of Josep Maria Loan Fité in relation to both. It is determined that Loan is a partner of Pou Salit SL and that this company participates in Buda Espai Andorra SA, of which Loan is also a partner and sole administrator.
The arguments of the parties involved
Both the company that operated the business and Buda Espai filed legal appeals. The company argued that the right to obtain a decision based on law had been violated, while Buda Espai claimed that the evaluation of the evidence was erroneous and arbitrary. However, the Constitutional Court considered that these arguments had no constitutional substance.
The decision of the Constitutional Court
The Constitutional Court upheld the decision of the High Court and stated that the civil court had provided a reasonable and logical motivation. It was concluded that a subjective contractual novation had not occurred and that the appeal presented had no constitutional content.
The outcome of the case
With the decision of the Constitutional Court, the launch of the Batllia that had been previously agreed upon was confirmed. This ended the legal dispute over the lease of the nightclub and restaurant.
