The Associació de Xiringuitos Platges de Cambrils has formalized in the contentious-administrative court number 1 of Tarragona the appeal requesting the precautionary suspension of the contracting and bidding files for the operation of the beach bars on the beaches of Cambrils during the 2022- 2025.
The letter, presented last Thursday, April 28 and which was accepted for processing this Tuesday, May 2, coincides with the installation and assembly, these days, of the modules of the new beach bars that are scheduled to come into operation this summer in Cambrilian beaches. They belong to the winners of the new public tender, to which none of the members of the aforementioned association opted after considering it economically unfeasible.
«The adoption of the precautionary measure consisting of agreeing to the suspension of all the acts and agreements of approval of the specifications of the contracting file and of the tender and of the successive ones is requested, taking into account the nullity of full right and the damages impossible or very difficult to repair. All this in order to ensure the effectiveness of the estimated sentence that the present appeal could be issued by the court, ”says the plaintiffs’ lawyer, José Luis Calderón, in his pleading.
The dispute is accompanied by a report by the expert-economist Juan Gallardo who analyzes the investment to be made. According to the bases, only the structure of the new beach bars already involved the disbursement of €150,000, to which €100,000 more had to be added for furniture, kitchen, cold rooms, etc. In total, some €250,000 fixed, to which must then be added the fees to be paid to the Generalitat and the Ministry, which can reach another €15,000 without also counting municipal taxes (the bid was for more than €30,000 per year); as well as the €10,000 per year for the assembly and disassembly of the beach bar (separate boarding).
«The contested act is an obvious disadvantage for the Associació de Xiringuitos Platges de Cambrils since the conditions adopted for the tender make it unfeasible for those people or companies that do not have a real economic power since it is obvious that the cost , maintenance and duration of the concession is economically unfeasible”, continues the letter.
“It is evident that the conditions that are set, the investments to be made and the economic product that could be generated during the four years is negative and therefore prevents this part from presenting itself to the tender, as it does not have the same economic capacity as the companies that they have been presented that, being larger and having businesses close to the beach bars, allows them to assume these losses, for the benefit of their main businesses, which violates the principle of competitive competition and equality”, it is argued in the contentious.
an irreparable damage
From the Associació de Xiringuitos they consider that “the non-suspension of the requested acts will lead to an improper award that, if not suspended, will also cause irreparable damage to its members insofar as their economic activity is annulled.”
They mention that these are family businesses that for decades “have provided sustenance for their exploiters, their families and their workers, who will be deprived of any income during the seasons that are passing.”
The letter insists on estimating the demand because “the adjudication of the beach bars for these four years would make it impossible to repair the economic damage” that would be caused to the plaintiffs “and to those others who could also attend”, because of the 21 beach bars that have been put out to tender, seven were deserted and will be put out to tender again.