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The company ABB II – Alexandre Barbosa Borges Imobiliária, from Braga, claims, in the civil court of Braga, from the Barcelos Chamber, 599 thousand euros of unpaid rent of a building that it rented, in Rua Rosa Ramalho, to the public-private company Barcelos Futuro (BF), created in 2005 by former president Fernando Reis and terminated in 2018, by decision of the current Miguel Costa Gomes.
In the civil lawsuit, signed by the lawyer José Pedro Carvalho, ABB II alleges that the rent was never paid, of 2,883 euros per month, for which it requests 282 thousand euros, plus the value of VAT, plus late payment interest, as well as a 50 percent contractual penalty. In total, 599 thousand.
BF was created with 50 thousand euros, corresponding to 50 shares of one thousand euros each, 51 percent of which are subscribed by four private companies in Braga and 49 by the municipality.
Therefore, the civil lawsuit sued the construction companies DST- Domingos Silva Teixeira, SA, DST2 Geteher, SGPS, ABB, SA and Irmãos Borges- Imobiliária, SA. In the challenge 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 termination 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.
House contests
The Chamber, in turn, challenged 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 maintain three buildings made by BF: the sports centers of Côvo Santa Eulália and Río Martim, 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 from BF’s participation,” says lawyer Pedro Marinho Falcão, underlining that, in any case, it would be up to society, and never the City Council, to pay the debt, if it had been left with assets, which I do not pass.
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