The Commercial Court number 1 of Malaga has approved or validated the agreement reached between the company that operates the five-star hotel Guadalpín Banús for tourism, Grisoma, and the previous company that carried out this activity; a document that recognizes the former as the sole exploiter of the “use of all the existing spaces in all the farms” of the vacation complex and those necessary to provide services to the hotel.
The order -to which this newspaper has had access-, is dated June 30 and was notified to the parties on Tuesday, just one day after the launch or eviction of the terraces, kitchens and other common areas of the hotel; against which it fits appeal before the Provincial Court of Malaga.
Thus, the judge of the Mercantile Court has decreed that “the agreement reached by the parties is approved in the present proceeding”, in the terms stipulated in the brief of June 23, 2023, as well as “no costs are imposed on any of the parties”.
He settlement agreement is signed by the company Promociones y Servicios Hoteleros Guadalpín SA (PSH) -which was the former operator of the tourist complex and owner of various assets, which is currently in necessary bankruptcy proceedings-, and the current company that operates the five stars, Grisoma hotelera SL, to which the former transferred this capacity several years ago.
The conflict stems from abankruptcy claim” filed by the bankruptcy administration of PSH against Grisoma in November 2016 within the framework of the bankruptcy, and that as explained by the legal representative of the hotel’s works council, Francisco Reina, “it is requested to annul the transfer (or exploitation of the hotel) because presumably that operation was carried out with a series of effects that may be null”, claiming 11,348,356.38 euros; and which Grisoma opposed in 2018.
The agreement contemplates the use of all farms
Five years later, both companies have reached an agreement and They have asked the Court for their “approval”, which has finally been produced by the Mercantile, the hearing being suspended in April of this year and the dispute “resolved”. Among the agreed points, the document states that “the hotel operation that was transferred to Grisoma hotelera SL in the liquidation of the company PSH…, included the use of all existing spaces in all registered properties that make up the hotel complex, as well as all those necessary to provide services to the hotel”.
All of it “except for part of the registered property 79780, local Gwith an area of 2,804.11 square meters, of which 16.86 were leased to a Real Estate agency and 115 to a Recreational Center and Spa operation”, and that part of this space are the terraces and restaurants that They were evicted last Monday, as explained by the new property, SPV.
Likewise, the agreement establishes that “the aforementioned spaces and their corresponding registry properties, numbered from 79683 to 79780 and both inclusive, of the Property Registry number 3 of Marbella, are effects with a real character to hotel use in the regime of exploitation unit, corresponding to the moment of transmission the condition of sole operator to Grisoma, as purchaser of the productive unit”.
To this end, the agreement mentions at this point the community statutes, that dictate that “The establishment as a whole and each registry unit into which the property is divided are intended for use as a hotel rentalwhatever the individual owner of the property or of each of the accommodation units capable of independent use.
In this sense, Francisco Reina, has explained that with the order of the Commercial Court “the agreement is judicially approved because it complies with the requirements of the Civil Procedure Law”, which means that it is “a judicial title that becomes enforceable, and that in case of non-compliance, the parties may request its execution”.
It should be remembered that the launch of kitchens and terraces of the Guadalpín Banús hotel in Marbella has occurred after a lawsuit filed by one of the many owners of the building, the SPV company, which acquired 14 rooms and 3 commercial premises through a credit right in 2019. As criticized last week, it has not received “not a single rent” for the rental of these spaces and has not agreed with Grisoma on the cost of the lease, as the tourist establishment is based on a model by which properties are subjected to hotel exploitation, carried out by Grisoma.