The company ABB II – Alexandre Barbosa Borges Imobiliária, from Braga, demands, in the Braga civil court, to the Chamber of Barcelos, 599 thousand euros of unpaid rent from a building that it rented, on Rua Rosa Ramalho, to the public-private company Barcelos Futuro (BF), created in 2005 by the former president, Fernando Reis, and extinguished in 2018, by decision of the current, Miguel Costa Gomes.
In the civil lawsuit, signed by lawyer José Pedro Carvalho, ABB II claims that the rent, of 2,883 euros per month, was never paid, so it asks for 282 thousand euros, plus the value of VAT, plus interest on late payments, as well as a 50 percent contractual penalty. Altogether, 599 thousand.
BF was created with 50 thousand euros, corresponding to 50 shares of one thousand euros each, 51 percent of which subscribed by four private companies in Braga and 49 by the municipality.
The civil lawsuit therefore demanded the construction companies DST- Domingos Silva Teixeira, SA, DST2 Geteher, SGPS, ABB, SA and Irmãos Borges- Imobiliária, SA. In the contestation phase, the four firms argued that it would be up to the Chamber, if necessary, to pay the rents, since it was the one who, after the extinction and by decision of the Arbitral Tribunal, kept the assets and “all assets” of the BF, thesis that the judge accepted, removing them from the judicial dispute. The trial, scheduled for November, thus opposes ABB II to the Autarchy.
The Chamber, in turn, contested the request, saying that, when the PPP was extinguished, it had no assets, and noting that it paid 8.6 million to the four builders, to keep three buildings made by BF: the sports complexes of Côvo Santa Eulália and Martim River, and the Adães sports pavilion. The Gil Vicente Theater Support building was recovered, in a building that already belonged to the Chamber.
“The Municipality did not receive any property in BF’s share”, says lawyer Pedro Marinho Falcão, stressing that, in any case, it would be up to society – and never to the city council – to pay the debt, if it had been left with assets, which did not happen.