Two businessmen’s request to restore the Güímar ravines in Tenerife has been rejected by the administrative litigation chamber of the Superior Court of Justice of the Canary Islands (TSJC). The court affirms that they are liable to pay compensation.
The appellants took legal action against the Ministry of Industry, Tourism and Commerce of the Government of the Canary Islands and the City Council of Güímar. They argue that the final ruling of the Supreme Court (TS) mandates them to pay nearly €185 million for the damages incurred in that location.
At the time, the regional government declared the “impossibility of conducting restoration works” in the ravines that were affected.
Therefore, the TSJC reiterates to the appellants, two of the four convicted businessmen, that they are obliged to pay compensation. This was established in a 2021 ruling by the Provincial Court to “restore the disrupted ecological balance”.
The TSJC highlights that the arguments put forth by these businessmen “have diminished in relevance” since the criminal cases have concluded regarding the potential restoration of the altered ecological landscape.
The defendants are found to have caused “catastrophic” environmental harm that is immensely challenging to rectify. Hence, it was deemed unfeasible to restore the environment.
Consequently, instead of restoration, the obligation to compensate for damages was established months ago by the TS in a definitive ruling. The TSJC, the Ministry, and the City Council are bound by the judicial decision and lack the authority to alter its interpretation.
Therefore, the convicted individuals “are duty-bound to provide compensation rather than restoration, as they attempted previously by presenting a restoration plan that was rejected by the Government in 2021, a decision that was upheld by the TSJC.
Towards the end of last year, the Supreme Court upheld the sentences by the Provincial Court of Santa Cruz de Tenerife against the four businessmen, mandating them to pay nearly €185 million while ruling out restoration.
Successive court rulings have established that for decades in that area, tons of aggregates were extracted without regulation or consideration for the environment, causing irreversible damage that necessitates compensation for the environmental harm caused.
