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BOP de Alicante · 08 Oct 2026 · 19 vistas

Teulada summons those interested in the appeal against the eco-park on Oviedo Street

Por FactBox Admin

Teulada emplaza a los interesados en el recurso contra el ecoparque de la calle Oviedo

The Teulada-Moraira City Council has made public the summons to interested parties in the contentious-administrative appeal processed as ordinary procedure no. 346/2026 (negotiated UCA-2) against the works of the eco-park located at 15 Oviedo Street. The announcement, with reference 7758/2026, is published in the Official Gazette of the Province of Alicante no. 192, dated October 8, 2026, within section III. Local Administration, and grants a period of nine days to appear as a defendant.

The municipal agreement activating the summons

The publication responds to the Mayoral Resolution no. 2026-2927, dated September 25, 2026, by which the referral of the administrative file to the court and the call to all those with a legitimate interest in the procedure were ordered. The nine-day period is calculated from the publication of the announcement in the provincial gazette, in accordance with article 49.1 of Law 29/1988, of July 13, regulating the Contentious-Administrative Jurisdiction.

The City Council justifies the publicity of the summons under article 45.1.a) of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations, considering that the number of interested persons is indeterminate, given that the matter relates to a public action regarding urban planning, environmental, and waste management issues. The announcement appears signed by the mayor via an electronically signed document.

The three objects of the appeal

The appeal filed before the Contentious-Administrative Section of the Court of First Instance of Alacant/Alicante, Plaza no. 2, is directed against three distinct actions:

  • The presumed dismissal, by negative administrative silence, of the request for full access to the administrative file, made on April 6, 7, and 13, 2026, in relation to the construction of the waste management infrastructure.
  • The exercise of public action in urban planning, environmental, and waste management matters, against the act of approval and authorization of the construction project and its subsequent execution, referring to the implementation works of the eco-park at 15 Oviedo Street.
  • The material action of the Teulada-Moraira City Council constituting a vía de hecho (de facto action), consisting of the material execution of works that the appellants consider illegal.

The accusation of vía de hecho and the lack of license

According to the announcement, the works are considered illegal due to a lack of legal coverage, as the legally established procedures regarding environmental matters, urban planning, and waste management were totally and absolutely bypassed. The document maintains that the infrastructure apparently lacks the mandatory environmental authorization and the environmental license necessary for the commencement of the works.

The appeal is thus based on acción pública (public action), a figure that allows any person to demand compliance with urban planning legality, and on vía de hecho (de facto action), a mechanism that reacts against material actions taken by the Administration without due process. The status of “indeterminate interested parties” recognized by the City Council extends the call to any natural or legal persons who may be affected by the resolution of the procedure.

Closing

The publication of the summons opens the door for neighbors, environmental entities, and anyone affected by the ecopark on Oviedo Street to appear as defendants in a procedure that questions the legality of works already executed. The outcome of 346/2026 will determine whether the infrastructure possesses the required administrative coverage or if, conversely, the municipal action is classified as vía de hecho, with the resulting consequences for the validity of what has been built.


Source: Official Gazette of the Province of Alicante, No. 192 of October 8, 2026, Section III. Local Administration, p. 1-2 (official reference: 7758/2026).