Gestión urbanística y agente urbanizador

Authors

  • Vicente Garrido Mayol
  • Pablo Collado Beneyto

Keywords:

Urban management, nature of the legal relationship between the Administration and the land development agent, composite contracts and atypical contracts

Abstract

The ruling of the CJEU of 26 May 2011 states that the European Commission has not proven that the main objective of contracts between the Administration and the Land Development Agent be to start construction works as expressed in the Directives without making direct reference to the legal description it should be attributed. Despite the public nature of this type of contract, it cannot be easily ascribed to any of the typical administrative contracts or to composite contracts as it is not clear that there is a main service provision and other merely supplementary services which are absorbed by the main one. Whereas all service provisions have similar intensity and cooperate towards the same result, a description of this kind of contract as special administrative contract is proposed here.