The Judiciary Endorses Gesplan as an Internal Agency of the Administration

Pedro
By Pedro
2 Min Read
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The Administrative Court of Santa Cruz de Tenerife has ruled in favour of the La Orotava Council’s contract with Gesplan for drafting plans for a cultural centre at the former Teatro Atlante site and the Opuntia Sports Park. The decision, made on 30 July 2026, fully rejects an appeal from the Official College of Architects of Tenerife, La Gomera, and El Hierro.

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The court recognised Gesplan as an owned entity of the Council and reaffirmed the validity of joint oversight exercised by the participating administrations. This judgement is supported by previous rulings from the Superior Court of Justice of the Canary Islands and the Supreme Court, both of which allow for this type of shared oversight without each administration needing to individually monitor the entity.

While the case originated from a municipality in Tenerife, the verdict has broader implications concerning the ability of Gesplan to operate as an owned entity for Canary Island administrations and to receive contracts in line with public procurement laws.

The court ruled that Gesplan qualifies as an owned entity under Article 32 of the Public Sector Contracts Law. It dismissed concerns about the economic regime of the contract, stating that fears regarding potential cost increases were speculative as no modifications or price variations occurred.



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