Sentencia del Tribunal Supremo de 29 de noviembre de 2022 (Sala de lo Contencioso- Administrativo, Sección 5a, número de recurso: 8908/2021, Ponente: Wenceslao Francisco Olea Godoy).

The Supreme Court Judgment of November 29, 2022 resolves an appeal filed by the Andalusian Regional Government against a judgment of the Andalusian High Court of Justice. The challenged judgment annulled the Management Plan of the Acebuchales ZEC (Special Conservation Area) in the southern countryside of Cádiz, arguing that the lands of the commercial entity Complejo Agrícola Las Lomas do not meet the requirements to be declared as a Special Conservation Zone. The Supreme Court determines that the exclusion of the estate from the scope of the Management Plan is in accordance with the law, despite a previous conviction that obliged the Autonomous Community to propose the modification of the SCI (Site of Community Importance). The court criticizes the negligent and disrespectful actions of the regional administration and considers that the owners should have sought judicial protection to assert their rights. The Court also mentions the possibility of resorting to the action of patrimonial responsibility for the functioning of the services. [Extracted from the article]