The state was convicted over 2015 to pay more than 100 million in damages relating to road concessions, according to the annual report of monitoring of public-private partnerships, on Tuesday released Unity Project Tracking Technique. The state has appealed or complained of most decisions.
At issue are several decisions taken over the last few months of last year involving disputes relating to motorway Marão, the grant Interior Norte and also Brisal and the Motorways of the Atlantic
Marão. EUR 46 million
December 15, 2015, details the UTAP, “the Arbitral Tribunal issued settlement judgment, and quantified the obligation to refund, in charge of the Portuguese State in favor of the concessionaire, at 46 million euros, plus interest. ” Concerned the application of Marão Austroestrada dealership for the resolution of the concession agreement.
The dealership moved to the courts at the end of 2012, requiring the resolution of the concession agreement “on the grounds of alleged impossibility of their compliance by virtue of several events that have occurred during its execution “as the suspension works for environmental reasons and the suspension of disbursements by banks. For the dealership, it “made it impossible to perform the contract due to lack of funding.”
Back in June 2013, the state turned out to terminate the contract of Marão Tunnel claiming just cause for “execution impossibility of even by lack of funding. “
Called to comment, the tribunal concluded that” there was nenhuna the responsibility of the parties to the contract frustration, “describes the UTAP, but nevertheless determined that” the State only have responsibility to compensate the concessionaire for the received built value, and to this end gauged what was the state of enrichment. “
it was back in December 2015, the Arbitral then issued the judgment of settlement requiring the state to repay 46 million euros to the concessionaire . The decision “was complaint object by the state, and its pending decision,” says UTAP
Brisal:. 22 million + 6.5 million per year from now on
the traffic breaks in the resulting A17 introducing tolls and a delay in the entry into operation of a A29 of section led Brisal to enter a claim for compensation to the State in February 2012, requiring then EUR 1 022 million.
According to UTAP, the court had to decide on this request in April 2015, condemning “the state to compensate the concessionaire for the decrease in revenues, by paying . 22.15 million euros for the period between July 2010 and December 2014 “
This conviction, however, went even further: in addition to compensation for the revenue shortfall in the years earlier, the compensation also covers future losses. According to UTAP, the State was ordered to pay “6.573 million euros annually until expiry of the contract award” . – Concluded in 2004 with a minimum term of 22 years
in this second decision on compensation for loss of future income, the State “was admitted in the administrative courts” already in June 2015, “an action” aimed at the partial invalidity of the judgment “, action already challenged by the concessionaire. The case is still pending decision
Atlantic:. EUR 28.9 million
In Action also against the introduction of tolls on the Silver Coast and Beira Litoral e Alta, the Motorways of the Atlantic dealership required to state a direct compensation of 530 million euros for “traffic breaks and lower revenues.”
it was already December 28 2015 the tribunal ruled, “and considered that there was an imbalance causes contest, condemning the Portuguese State to pay direct compensation in the amount of EUR 28.9 million “, reveals the UTAP. A value that is intended to compensate the concessionaire for the fall in traffic between 2010 and 2013
North. Inside: 100,000 euros
On a smaller scale, but also between disputes relating to the PPP, is the case of the Northern Interior, which dates back to 2000.
that was the year a consortium with Soares da Costa and Teixeira Duarte, among others, challenged the award of Northern Interior to another party. The Supreme Administrative Court, as in 2006, gave reason to this request and in 2015 ordered the government to pay “compensatory title” the amount of 100 thousand euros. “Transit confirmation is awaited on trial the latest judgment.”
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