Judgment of February 26, 2008 of the Superior Court of Justice of Andalusia

Abstract

The Superior Court of Justice of Andalusia (Seville Chamber) has been maintaining an important doctrine that has applied in numerous cases under of which the possibilities that the legislation grants to the Administrations to delimit industrial areas in order to obtain soils through forced expropriation, can only be applied when there is a specific cause of public utility or defined social interest that constitutes the purpose of the expropriation. The Chamber Applis guarantees art. 33 of the EC on forced expropriation. One of the last sentences is the one that is then transcribed by its extraordinary importance for the Bay of Cádiz.