The Consultative Council of Andalusia had ruled that the construction license is "null and void" as it encroaches upon the servitude of the public maritime-terrestrial domain and is located on protected non-developable land within the Cabo de Gata-Níjar Natural Park.
Greenpeace asks for investigation into Carboneras Council for non-compliance with Algarrobico sentence
The NGO seeks criminal liability due to the council's repeated delay in annulling the controversial hotel's license.
By Manuel Cano Heredia
••2 min read
IA
Aerial view of a half-built hotel on a beachfront.
The environmental organization Greenpeace has requested the High Court of Justice of Andalusia (TSJA) to forward the El Algarrobico hotel case to the Public Prosecutor's Office, demanding criminal liability for the "repeated non-compliance" with the ruling that mandates the review and annulment of its construction license.
Greenpeace's petition follows the decision by the Plenary Session of the Carboneras Council (Almería) to postpone the vote to annul the municipal license granted in 2003 to the developer Azata del Sol. The council cited "extraordinary legal, urban planning, heritage, and economic complexity" and the need for new reports to assess potential responsibilities.
Given this delay, Greenpeace's legal representatives demand that criminal responsibilities be investigated by the Public Prosecutor's Office and request that the court itself directly execute the annulment proceedings due to the council's inaction, invoking the Law of Contentious-Administrative Jurisdiction.
The official annulment of the license by the Council is an essential requirement for the Regional Government of Andalusia to convene a joint commission with the State, aimed at demolishing the 20-story building and restoring the natural landscape.
In parallel, the central government, which has joined the process to annul the permit, is pursuing expropriation, offering 16,500 euros to the developer for the land, a figure that contrasts sharply with the 44.5 million euros demanded by Azata del Sol.



