The Consell de Mallorca announced today that it will maintain the free use of the Sóller tunnel for all citizens after the Supreme Court ruling that confirmed yesterday that the rescue carried out in 2017 by the Govern del Pacte was illegal

The Consell de Mallorca agreed in 2017, during the mandate of Miquel Ensenyat, of Més per Mallorca, to rescue the concession contract for the construction, conservation and operation of the toll road. After the Supreme Court dismissed the Consell’s appeal and confirmed yesterday the annulment of the rescue of the Sóller tunnel, today the insular institution has assured that it will keep the tunnel free of charge for all citizens.

Fernando Rubio, Conseller of Territory, Mobility and Infrastructures of the Consell, explained this morning that the previous team of Govern paid 16.2 million euros to the concessionaire company for the rescue, when the company demanded a total of 31 million. Thus, an amount of around 15 million euros remains to be paid, which is what the Consell will now have to negotiate with the concessionaire itself.

Decision of the Supreme Court

As reported by the High Court of Justice of the Balearic Islands, the contentious-administrative chamber yesterday thus ratified a previous ruling, dated February 2021, and the one issued in March 2020 by the Court, which upheld the concessionaire’s claim.

The Consell agreed in 2017 to rescue the concession contract for the construction, conservation and operation of the toll road, variant of the C-711 of the tunnel that crosses the Serra de Alfàbia, with a compensation of 16.28 million euros. However, the concessionaire objected, claiming up to 31 million euros. The bailout entailed the termination of the toll, so that the tunnel became free of charge for users.

Likewise, the Supreme Court considers that, although the Consell has the power to unilaterally terminate a contract, there must be “a duly motivated public interest”. In this sense, “the figure of the rescue is not designed to remedy a situation that was already known and assessed at the time the concession was granted,” the Court reasoned. The Consell alleged that the bailout was intended to avoid discriminating against users.

The Supreme Court ruled that the existence of toll highways is not discriminatory and recalled that it makes it possible for the administrations to have public works at their disposal without having the cost of their construction fall on the public coffers. In addition, it points out that the concession had been extended for ten years before the agreed bailout.