The TSJA declares local DTT concessions in Andalusia null and void

The First Section of the Contentious-Administrative Chamber of the Superior Court of Justice of Andalusia, based in Granada, has notified Sentence No. 1565 of 2014, by which all TDTL concessions in Andalusia are declared null and void.

After processing the procedure in all its phases, the ruling obtained by the entity Producciones Televisivas Onda Mar Almería has ended up annulling a new distribution. Specifically, the Agreement of the Governing Council of the Junta de Andalucía, of July 29, 2008, which resolves the granting of TDTL concessions for management by individuals.

The reasons given by the Court are quite conclusive in its presentation and it reproaches that the Junta de Andalucía proceeded to award licenses while being aware of the Judgments that annulled some bases of the competition and several articles of Decree 1/2006, of January 10, which regulates the legal regime of local terrestrial television in Andalusia.

In this way, it will not be possible to roll back the effects to the previous moment of the assessment, as is the case in the Canary Islands and Valencia, but it will be necessary to call a new competition. This is derived from the text of the Third Legal Basis of the Judgment where it is stated that it is not possible to award in 2008 based on a regulation that declares 2007 null and void.

From the firm Díez & Romeo, remember that "currently there are more than 20 appeals that will have the same fate: cancellation of licenses, based on the principle of unity of doctrine. Now, Andalusia joins the CCAA (Canary Islands, Valencia, and Galicia) where the awarded companies are in the same uncertainty as those that were not awarded, since they are all devoid of licenses to issue."