ES / EN
- January 27, 2023 -
No Result
View All Result
OnCubaNews
  • World
  • Cuba
  • Cuba-USA
  • Opinion
    • Columns
    • Infographic
  • Culture
    • Billboard
  • Sports
  • Styles / Trends
  • Media
  • Special
  • Cuban Flavors
  • World
  • Cuba
  • Cuba-USA
  • Opinion
    • Columns
    • Infographic
  • Culture
    • Billboard
  • Sports
  • Styles / Trends
  • Media
  • Special
  • Cuban Flavors
OnCubaNews
ES / EN
Home World

Lawsuit against Meliá for hotels in Cuba shelved

According to a judge from Mallorca, "the Spanish civil courts have no jurisdiction to hear the claim that has given rise to this lawsuit." In addition, since it is a property owned by a State, "it also has jurisdictional immunity."

by OnCuba Staff, OnCuba editorial staff
September 4, 2019
in World
2
Paradisus Río de Oro Hotel, which Meliá Hotels International manages in Holguín, in eastern Cuba. Photo: Meliá / Archive.

Paradisus Río de Oro Hotel, which Meliá Hotels International manages in Holguín, in eastern Cuba. Photo: Meliá / Archive.

The Court of First Instance number 24 of Palma de Mallorca shelved a lawsuit against the Spanish Meliá chain for the exploitation of two hotels in Cuba for not having jurisdiction and because Spain does not have international jurisdiction for its courts to resolve lawsuits on properties located outside its territory.

The Palma court judge decided on the closing presented by Meliá Hotels International and accordingly declared the lack of jurisdiction and international jurisdiction of the Spanish courts to hear the lawsuit against the hotel group for the exploitation of some plots of land in Cuba, which were nationalized by the Cuban government after the triumph of the 1959 revolution.

In a decision, the judge decrees the dismissal of the proceedings and orders the plaintiff to pay the costs, as reported this Tuesday by the Higher Court of Justice of the Balearic Islands in a statement. The resolution is not firm and it is possible to appeal before Palma’s Supreme Court.

Archivada la demanda contra @MeliaHotelsInt por la explotación de unos terrenos en Cuba. La jueza alega falta de jurisdicción y de competencia internacional https://t.co/i23d0Xrqck #noticias #tribunales

— mallorcadiario.com (@mallorcadiario) September 3, 2019

The order indicates that, after the revolution, its leader, Fidel Castro, “decided to nationalize all the assets and companies of individuals or legal entities of Cuban nationality, according to Cuban law through the approval of Law 890, published on October 15, 1960.” These lands are currently owned by a Cuban state company, Gaviota S.A.

The judge points out that the lawsuit―under the U.S. Helms-Burton Act―was directed against a company domiciled in Mallorca, which has obtained an authorization for the exploitation of said land, but “it turns out that the main basis of the claims of the plaintiff is not the specific legal businesses that Meliá and Gaviota have been able to agree on or their commercial relations.”

According to the resolution, “the true basis of the claim that has given rise to this lawsuit is the declaration of illegality of the property title that Cuba holds on the grounds of Playa Esmeralda, where Meliá operates two hotels, and the responsibility in which the defendant could have incurred to profit from these lands despite knowing how they became the property of the Cuban state.”

Meliá dice que respetará Derecho Internacional en controversia sobre Ley Helms-Burton

In short, according to the judge, the plaintiff’s claims are based on the legal assessment of acts performed by a subject protected by jurisdictional immunity, Cuba, within the framework of its sovereignty.

According to the judge, in application of article 21 of the Organic Law of the Judiciary (LOPJ), “the Spanish civil courts do not have jurisdiction to hear the claim that has given rise to this lawsuit” and since it is a property owned by a State “it also has jurisdictional immunity.”

In addition, in accordance with its law and the International Treaties which it is a party to, “Spain does not have international jurisdiction for its courts to resolve lawsuits where actions are taken on real estate located outside its national territory.”

The lawsuit was filed by the heirs of Rafael Lucas Sánchez Hill, who owned the Santa Lucía sugar estate, nationalized by the Cuban revolutionary government in the province of Holguín, where the Paradisus Río de Oro and Sol Río de Luna y Mares hotels are located, which the state company Gaviota owns and Meliá Hotels International manages.

Since 2004, the Sánchez Hills have been claiming compensation from the Spanish hotel company for the use of a property that they believe was illegally taken from them.

EFE / OnCuba

Authors

OnCuba Staff, OnCuba editorial staff
Tags: lawsuitsMeliá Hotels
Previous Post

Havana: the landscape and the gaze

Next Post

Viengsay Valdés honored by University of the Arts

OnCuba Staff

OnCuba Staff

Next Post

Viengsay Valdés honored by University of the Arts

Companies from Cuba and the U.S. in favor of maintaining communications

Pablo and Haydée Milanés to take their "luxury love" to festival in Mexico

Comments 2

  1. Alma de Cubano says:
    3 years ago

    Little Marco Rubio won’t be happy about this.

    He probably already urinated on himself.

    Reply
  2. n/a says:
    3 years ago

    Sánchez Hills could start compensating for the exploitation of his slaved workers and in turn justify what makes them think that he ever rightfully “owned” the ground.

    Reply

Leave a Reply Cancel reply

The conversation here is moderated according to OnCuba News discussion guidelines. Please read the Comment Policy before joining the discussion.

Your email address will not be published. Required fields are marked *

Most Read

  • The Enchanted Shrimp of the Cuban Dance

    1477 shares
    Share 591 Tweet 369
  • Biden and Cuba, the good and the bad…these days

    13 shares
    Share 5 Tweet 3
  • What foods can be brought to Cuba and what imports are forbidden?

    376 shares
    Share 150 Tweet 94
  • Family Reunification Parole has not been canceled, U.S. Embassy in Cuba reported

    10 shares
    Share 4 Tweet 3
  • New online form for travelers arriving in Cuba

    41 shares
    Share 16 Tweet 10

Most Commented

    • About us
    • Work with OnCuba
    • Terms of use
    • Privacy Policy
    • Moderation policy for comments
    • Contact us
    • Advertisement offers

    OnCuba and the OnCuba logo are registered® trademarks of Fuego Enterprises, Inc., its subsidiaries or divisions.
    OnCuba © by Fuego Enterprises, Inc. All Rights Reserved.

    No Result
    View All Result
    • World
    • Cuba
    • Cuba-USA
    • Opinion
      • Columns
      • Infographic
    • Culture
      • Billboard
    • Sports
    • Styles / Trends
    • Media
    • Special
    • Cuban Flavors

    OnCuba and the OnCuba logo are registered® trademarks of Fuego Enterprises, Inc., its subsidiaries or divisions.
    OnCuba © by Fuego Enterprises, Inc. All Rights Reserved.

    Exit mobile version