The plenary session of the Girona City Council agreed this Monday afternoon to dismiss the appeal for reconsideration filed by the UTE Sanejament Girona, known as Girona+Neta, against the sanction of 258,722.97 euros imposed for delay in the implementation period of the contract and for breach of several contractual obligationsThe City Council upholds the sanction after the appeal
The decision has been adopted unanimously by all municipal groups. Girona+Neta had filed the appeal in December 2025, after its preliminary objections were rejected in the November plenary session. The initial sanction was approved in July 2025
The company maintains that the penalty is disproportionate and should be approximately 80% lower than the amount imposed. According to Girona+Neta, the delay infraction should be quantified at only 96.96 euros, compared to the 43,200.45 euros calculated by the City Council. Furthermore, it considers that the penalty for non-compliance should not exceed 50,000 euros, when the council set it at 215,522.52 euros
Allegations and arguments of the company
In its defense, Girona+Neta argues that penalties cannot be imposed without a prior formal and written request to remedy the deficiencies. The company maintains that verbal requests or those sent by email have no legal validity
"Penalties cannot be imposed without a prior formal and written requirement to remedy the deficiencies" - Spokesperson, Girona+Neta
The company also alleges that the imputed facts do not fit into any of the types of infringement provided for in the tender documents. It adds that the delay in the commissioning of the emergency areas was due to unforeseeable factors, which are not part of the risk and reward assumed by the contractorAmong the causes of non-compliance, Girona+Neta points to the lack of necessary personnel and the difficulties in implementing a new management model during the Fires
Second sanction since the start of the contract
After the dismissal of the appeal, Girona+Neta must pay the amount of 258,722.97 euros. This is the second sanction the company has received since the start of the contract in the summer of 2022. The first penalty, imposed in 2024, amounted to 16,160.19 euros for defective compliance with the contract during the Christmas holidays between 2023 and 2024The conflict between the City Council and the company holding the cleaning service concession remains open, with notable discrepancies in the interpretation of contractual obligations and the amount of penalties