Santa Cruz de Tenerife (EFE) for the installation of the 30 meter telescope in Puntagorda.
Ben Magec-Ecologistas en Acción had denounced the said license on the understanding that the beneficiary of this installation was not the IAC but the international consortium promoting this infrastructure.
The Contentious Administrative Court Number 2 of Santa Cruz de Tenerife issued a decision in July 2019 which upheld the appeal of the environmental organization on the understanding that the resolution of the Cabildo de La Palma for the expansion of the land of the Roque de Los Observatory Guys, in La Palma, it didn’t fit.
In the award known today, the TSJC takes into account the considerations set out by the island corporation that the IAC is entitled to seek the concession because its consideration of a public consortium is provided for in the law that regulates it and gives the power to administer the existing astronomical centers, observatories and installations and those which will be created or incorporated into its administration in the future.
She adds that the IAC actively participates in the use and financing of the TMT as indicated in the agreement signed between the two entities and also recognizes the Institute of Astrophysics with the power to directly obtain public concessions, such as c is the case here by the Municipality of Puntagorda.
The judgment insists that “no greater dialectical effort is needed” to come to the conclusion that the IAC has the right to manage the land where the observatories are located and therefore the fact that the TMT is held by a legal entity other than the IAC does not affect their legitimacy to request and obtain the public concession.
In the opinion of the Chamber, the general interest present in the process and the nature of the public law consortium of the IAC justify the direct award of the concession, insofar as it is necessary to fulfill a mission public service or to achieve an end of general interest.
The sentence is not final and is being appealed to the Supreme Court. ECE