The CEOE Tenerife’s Electoral Process Challenged in Court

The recent court ruling by the Court of First Instance number 1 in Santa Cruz de Tenerife has declared invalid the proclamation of Pedro Alfonso’s candidacy in the 2022 CEOE Tenerife electoral process. This decision comes as a result of Ashotel’s successful claim against the process.

The court specifically nullified the agreements made at the CEOE General Meeting on February 21, 2022, with regards to the appointment of Eduardo Bezares as general secretary for the electoral process. Consequently, Pedro Alfonso’s proclamation as the candidate was also revoked, which took place during the Assembly on April 6, 2022.

Initially brought forward by four business associations, the lawsuit eventually progressed with the Hotel and Non-Hotel Association of Tenerife, La Palma, La Gomera, and El Hierro, and businesswoman Victoria González as the remaining parties challenging the process.

The lawsuit sought the cancellation of the agreements made at the CEOE General Meeting on February 21, 2022, as well as all subsequent actions taken during the electoral process of the Tenerife employers’ association.

Furthermore, it demanded Pedro Alfonso’s candidacy proclamation on April 6, 2022, be declared invalid due to non-compliance with candidacy requirements and endorsements. The subsequent election of Alfonso as the Tenerife CEOE president was also part of the legal challenge.

The court’s decision highlighted the concerns raised by the plaintiffs regarding the delegation of the general secretary’s functions to an individual closely linked to the candidate during the General Meeting. This delegation was deemed a deviation from the organization’s statutes.

Despite the CEOE Tenerife statutes assigning the electoral process responsibilities to the general secretary, an extraordinary Board decision sidelined this provision and assigned the role to the general director, Eduardo Bezares, in an effort to maintain objectivity and impartiality.

The court emphasised that the introduction of this issue in the Board meeting, though temporary and intended to address specific circumstances, constituted a notable deviation from the organization’s statutes.

It reiterated that according to the CEOE Tenerife statutes, the general secretary holds the responsibility for the electoral process.

The court’s ruling questioned the chosen course of action and highlighted alternative solutions that could have been pursued to address the situation more effectively, underscoring concerns regarding the legitimacy of the process.

The focus of the ruling was not on critiquing Bezares’ performance but on highlighting the lack of authority and statutory functions that hindered his ability to carry out his designated responsibilities.

This legal action involves the nullification of the CEOE Tenerife’s electoral process.

Challenges in the Electoral Process Uncovered

The handling of the remainder of the electoral procedure was questioned due to being overseen by an individual lacking the necessary authority.

Controversy Surrounding Alfonso’s Candidacy

Doubts arise regarding the classification of Alfonso, who, despite being the general secretary, was not officially part of the CEOE. When he decided to run for candidacy, he did so as a representative of a company that later disassociated itself from the organisation.

Scrutiny Over Corrective Measures in the Process

The electoral authorities allowed a 24-hour grace period to rectify any potential submission errors, a decision deemed contentious by the court.

Ruling’s Oversight on Critical Claim Aspects

Despite the ruling failing to delve into these specific aspects of the claim, the initial decision made during the first meeting is considered a fundamental flaw that renders all subsequent actions invalid.

Evaluating Industry Responses to Legal Verdict

The Tenerife business association sources have refrained from providing their stance on the court’s judgement when approached by the EFE Agency.

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