The Superior Administrative Court (TSA) rejected a request for precautionary measures of a very urgent nature submitted by the companies Consultoría Astur SA and Golden Star Hotel and Resorts SRL, tenants of the Agua y Luz Theater and the Nueva Suiza Hotel in Constanza respectively.
The president of the court Diomedes Villalona ruled that the request for a precautionary measure, filed on November 3 last year by Consultoría Astur SA, was inadmissible because it did not meet the requirements of Law 13-07, so it ruled in favor of the Directorate-General for Public Procurement (DGCP).
He alleged that the tenant of the Agua y Luz Theater and its facilities did not undertake any renovation work on this public area, and did not specify the reasons why the refurbishment had not been received so far.
Likewise, in its judgment, it considered that there is no evidence of the existence of a high risk of an irreparable factual or legal situation arising in the course of the trial that renders the main contested remedy ineffective or loses its purpose.
Likewise, it emphasized that the preliminary relief judge does not examine the merits of the response and that the facts have not been established or the context has not been stated, so that the court can verify the requirement of danger in the delay.
The company Consultoría Astur, SA, represented by its manager Alan Omar Vargas García, has filed through its lawyer Eduardo Jorge Prats for precautions against public findings and the Managing Director, Carlos Pimentel, the Ministry of Finance and the Corporation for the Promotion of the Hotel Industry and the Development of Tourism (Corpohotels).
At the beginning of current public procurement management, a resolution was issued canceling Corpohotels bidding process as it is an illegal 25-year concession agreement and not a lease as mentioned.
On November 25, 2020, the contracting entity (Corpohotels) released a report indicating that Consultoría Astur, SA had failed to comply with the lease agreement.
The director of the DGCP, Carlos Pimentel, emphasized that the governing body acted with these resolutions in defense of public assets, an interest that was harmed in both tenders when it emerged that camouflaged rental concessions were being awarded.