Hundreds Of Hoteliers Have Threatened To Sue The Court For Damages Caused By The State Alert.
2021-02-11 | by CusiGO
The hotel industry is preparing to file hundreds of claims against management next month for financial losses caused by the alarm status. The industry’s leading employers, hotel í a Espa nia and La Hotel í a de todos, are eager to bring together the largest number of applicants by the end of the first year after the restrictions were imposed on March 14. Each group claims that there are already about 1000 hoteliers interested in claiming compensation, although Cristina llop of Ecija’s office says the claim can be made “from any department.”.
The claim for loss will be based on the 1981 Organic Law of the state of alarm, which stipulates that a person who “suffers personal, right or property, damage or injury” as a result of the operation of the state of alarm is “entitled to compensation”.
First of all, these losses will be claimed through administrative claims, but if they are rejected or ignored within six months, they will appeal to the Supreme Court, which is the most likely choice for llop: “if they estimate the claim, I will be very surprised.”
Lawyers for the two associations said they would seek compensation for the income gap between the alert days of the previous three years and the same period, i.e. payments stopped from March 14 to June 21 and October 25 to today. So far, they have not worked out the amount they will claim, but they do claim that small business owners and “Grand Hotel Group” have joined.
The two groups agreed that compensation in the first alert state should be borne by the administration, but in the second alert state, hotel restrictions depend on each region. “The community is operated by a government delegation,” said Alberto Ruiz, All the hotel lawyers, he’s responsible for the damages. Cristina llop, of the Spanish hotel industry representative, takes the opposite view: “we do not rule out claims against the community because there is no justification for restrictive measures.”
Antonio Garcia, Secretary of the Granada Hotel delegation, stressed that if the administrative process did not work, they would be transferred to the judiciary. “If the claim is not successful, we will definitely go to the Supreme Court, because we have suffered implicit expropriation in the hotel industry this year.” Before the pandemic, the sector accounted for 14% of Grenada’s GDP, contributing more than 2 billion euros and creating more than 15000 jobs, according to the Federation.
So far, about 180 institutions have agreed to the claim, Garc í a said, detailing that “this is based on the full closure of the first phase of the alert state and subsequent restrictions on the opening hours and capacity of our institutions.”.
In November, nonessential activities in Grenada were shut down for three weeks due to the high incidence of kvid, more than 1300 per 100000 residents. This led the city council plenary to ask the government to declare the economic losses caused by the suspension of business and catering activities ordered by the autonomous government as disaster areas.