WRITTEN QUESTION E-1600/03 by Giles Chichester (PPE-DE)and Charles Tannock (PPE-DE) to the Commission. Arbitrary expropriation of property in the Valencia region of Spain.
Date: 2003-05-12
Institutions: European Parliament, Provisional data
Subjects: Community of Valencia, EU law - national law, EU national, civil law, discrimination on the basis of nationality, expropriation, property development

C 70 E/50

Official Journal of the European Union

EN

20.3.2004

(2004/C 70 E/053)

WRITTEN QUESTION E-1600/03

by Giles Chichester (PPE-DE)
and Charles Tannock (PPE-DE) to the Commission

(12 May 2003)

Subject: Arbitrary expropriation of property in the Valencia region of Spain

Can the Commission confirm that a property law introduced in the region of Valencia in 1994 during the
time of the last socialist administration in Spain which allows property developers to seize land from its
owners if approved by the local authority is still extant? It is reported in the British press that private
developers are doing deals with local councillors which result in increasing numbers of seizures of
properties and land with owners required to respond to proposals within fifteen days, and that these
proposals are often sent during the holidays when the owners are away. One British resident, for example,
was reported to have spotted two men walking through the vineyards surrounding his property and
discovered a year later that they were, in fact, developers who had applied to the local authority to have
his home ‘urbanised’. After a long legal battle he was eventually forced to hand-over two-thirds of what he
owned, including his swimming pool, kitchen and bedroom as well as approximately EUR 6 650 in cash.
In addition to being arbitrarily dispossessed or partly dispossessed, owners are required to pay for the
installation of new roads, street lighting and drainage schemes for the new homes built by the developers.
The charges are set not by the local authority, but by the developers and can run into thousands or even
tens of thousands of Euros.

A large proportion of residents affected are believed to be foreign EU residents. A great deal of foreign
capital has moved from other EU states to Spain over the last fifteen years contributing significantly both
to Spain’s recent prosperity and to its export figures. The EU treaties prevent discrimination against other
EU nationals. Article 14 (2) of
the Treaty Establishing the European
‘The internal market shall comprise an area without internal frontiers in
Community also states that:
which the free movement of goods, persons, services and capital
is ensured in accordance with the
provisions of this Treaty,’ whilst Article 28 states that ‘Quantitative restrictions on imports and all measures
having equivalent effect shall be prohibited between Member States.’

the Consolidated Version of

Can the Commission indicate whether it is aware of this extraordinary situation, whether it has raised the
matter with the Spanish government and whether there are any legally binding treaty commitments on the
part of Member States not to arbitrarily expropriate or allow the arbitrary expropriation of property?

Will the Commission endeavour to find-out if it is correct that these expropriations disproportionately
affect non-Spanish EU residents or even single them out, and if that proves to be the case would the
Commission regard that as a flagrant breach of the treaties which would require a termination of the
relevant laws or, if that does not happen, a referral by the Commission to the Court of Justice?

Answer given by Mr Vitorino on behalf of the Commission

(13 June 2003)

The conditions governing such matters as the expropriation of land are determined by the Member States
and there are no EC Treaty provisions on this question.

The Commission is not aware of the applicable legislation on expropriation in Spain nor of the alleged fact
that expropriations affect foreign Union residents in a disproportionate way.

The Commission will request the Spanish authorities information on this question in order to ensure that
that the principle of non discrimination laid down in the EC Treaty has not been breached.