In its claim of 6 October, R&A Palace Gestión claimed that it held expectations of ownership rights, but the judgment indicates that “it neither holds the ownership nor any other in rem right, nor any personal right granting it any type of possession over the property in question, where works are being executed that it now intends to halt […], nor is it expected to hold any such right in the future”. Likewise, the judgment points out that “The current position held by R&A Palace Gestión over the buildings where the works are being executed consequently does not differ from the position that may be held by any other citizen, as a legal or natural person” […]. “Ultimately, the plaintiff R&A Palace Gestión lacks any standing whatsoever to file these summary proceedings to suspend a new works project”.

Furthermore, as regards R&A Palace Gestión’s conduct, the judgment provides that “The bringing of this action is not only unfounded but also abusive”. […] “These summary proceedings have been used by R&A Palace Gestión in bad faith or, at the very least, in a grossly and inexcusably negligent manner, equivalent to bad faith, for purposes other than those foreseen by law”.

In this regard we should recall, as explained by the judgment, that “R&A Palace Gestión had already addressed the contentious-administrative courts with the same intentions,which dismissed its claim to halt the works; it then decided to bring this claim before the civil courts, consequently using inadequate procedural channels”.