The Mostoles City Council has announced that it will challenge the decision of the Court of Auditors to close the case against former mayor Noelia Posse (PSOE) and eight other councilors from her previous administration for the economic damages caused in the so-called ‘ITV Case’.
This reaction comes after the Court of Auditors decided a few days ago to close the case, stating that the potential financial liability arising from the agreement will be resolved in another administrative litigation procedure opened by the City Council, through a challenge of harmfulness already in progress.
«The commitment of this municipal government is to safeguard public funds and preserve the general interest of the residents of Mostoles. For this reason, the Mostoles City Council will appeal the decision of the Court of Auditors,» municipal sources told EFE, emphasizing their intention to proceed with the case.
Mostoles City Council Confirms Harmfulness of Agreement Forgiving Over 2 Million to ITV
Initially, the Court of Auditors had accepted the City Council of Mostoles’ lawsuit to demand financial responsibility from Posse and the former councilors Dolores Triviño, Rebeca Prieto, Marisa Ruiz, Alex Martín, David Muñoz, Beatriz Benavides, Nati Gómez, and Aitor Perlines, as well as treasurer Francisco Javier Torner.
Initially, the investigating delegate concluded that there was a financial impact of 555,162 euros in principal, plus 111,969 in interest, attributed to the non-payment of fees by the concessionaire ITV Móstoles in 2015 and 2018, which both Posse and the accused councilors should pay jointly.
Although the Public Prosecutor’s Office had also supported this lawsuit, the new local government, comprised of PP and Vox, approved an agreement in 2023 to reverse the debt forgiveness in the ‘ITV Case’ and initiated a claim through administrative litigation for «the damage caused to the municipal coffers.»
As a result, the administrative litigation initiated by the City Council, through a challenge of harmfulness already in progress before the Administrative Court number 27 of Madrid, led to the tribunal’s investigating counselor declaring the conclusion of the reimbursement process.
Mostoles Agrees to Reverse Debt Forgiveness for ITV Company
In this regard, it is stated that «if the administrative act is declared null and void through litigation, the local entity may claim the forgiven debt in its entirety, so there would be no definitive financial harm.»
Conversely, if the court validates the legality of the agreement, «there would be no financial liability because the act would have been judicially endorsed.»
Therefore, the Court of Auditors understands that it is not appropriate at this time to determine whether there was or was not financial harm attributable personally to the former members of the municipal government and decrees the closure of the case, also imposing procedural costs on the Mostoles City Council.
This investigation began in 2020 after the municipal auditor, who was dismissed shortly after – a dismissal that was recently annulled by the TSJM, reported to the Court of Auditors «the alleged non-collection of certain fees owed by the company ITV Móstoles.»
Mostoles to Revoke Debt Forgiveness Led by Socialist Noelia Posse, Originating the ‘ITV Case’
Furthermore, a criminal case remains open, initially closed but later reopened after the Provincial Court of Madrid ordered in March 2024 the 1st Investigative Court to revoke the initial dismissal of the case and decide to «transform the case into an Abbreviated Procedure.»
After several rejected appeals, the case is awaiting the 1st Investigative Court to receive the accusations from both the Public Prosecutor’s Office and the prosecution and issue the order to transform the case into an Abbreviated Procedure, leading to the opening of a trial against the mayor and the other councilors under investigation.
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