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ACCC/C/2022/195 Spain

Case status: Pending.
Follow-up: -
Topics: Access to justice.
Articles alleged: 9(3) and (4).
Articles considered by the Committee: -
Articles, if any, found in non-compliance: -
Summary: The communication was submitted to the Compliance Committee on 28 July 2022 by the non-governmental organization Verdegaia. The communication alleged non-compliance by Spain with articles 9 (3) and 9 (4) of the Convention in connection with the San Finx mine. 

Document Status Date received
or
posted by the secretariat
Communication
Annex 1: Request of clarification of Order of Provincial Court of A Coruña, 20.11.2019 ENG SPA
Annex 2: Order of provisional dismissal of Preliminary Proceedings no. 223/2017, 27.05.2020 ENG SPA
Annex 3: Order dismissing appeal for reform issued by Court of Preliminary Investigation of Noia, 10.07.2020 ENG SPA
Annex 4: Order dismissing appeal issued by Provincial Court of A Coruña, 04.02.2021 ENG SPA
Annex 5: Order rejecting request for clarification issued by Provincial Court of A Coruña, 30.03.2021 ENG SPA
From the communicant 28.07.2022
Annex 6: Decision of Spanish Constitutional Court, 29.06.2021 ENG SPA
Annex 7: Order rejecting reopening of the DPA no. 223/2017 ENG SPA
Annex 8: ECHR judgment Affaire Asociación Verdegaia v Spain no. 3476/22 28.04.2022 ENG FRE
   
Statement on preliminary admissibility From the communicant 14.12.2022 (dated 13.12.2022)
Letter enclosing questions to the communicant from the Committee From the secretariat 10.03.2023
Email enclosing replies to Committee's questions
Annex A: Order of the Provincial Court of A Coruña,19.07.2019 SPA
Annex B: Judgment of the No. 2 Court of Preliminary Investigation of Noia, 27.01.2020 SPA
Annex C: Decision of the No. 3 Court of Santiago,17.07.2022 SPA
Annex D: Decision of the No. 3 Court of Santiago, 01.09.2022 SPA
Annex 1: Study of fluvial macroinvertebrates in the San Finx river SPA
Annex 2: Expert report on the modification of the route of the San Finx river SPA
Annex 3: Report on the discharge authorisation project of the San Finx mine SPA
Annex 4: Historical report SPA
From the communicant 18.03.2023
Annex 5: Report by the mining engineer of the Mining Authority, 04.03.2020 SPA    
Statement on preliminary admissibility From the Party concerned 20.03.2023
Letter to the communicant enclosing question from the Committee From the secretariat 25.05.2023
Reply to Committee's question From the communicant 30.05.2023
Email enclosing statement on preliminary admissibility  From the Party concerned 12.06.2023 (dated 13.06.2023)
Email to parties on outcome of the Committee's determination on preliminary admissibility From the secretariat 30.06.2023

Letters to the Party concerned and the communicant enclosing Committee's determination of preliminary admissibility and forwarding the communication for the Party concerned's response

From the secretariat 01.09.2023
Response to communication From the Party concerned 12.12.2023