The Commercial Court number 1 of Pontevedra has partially estimated the lawsuit filed by the Prosecutor's Office against Audasa, a company of the Itínere concessionary group of the AP-9 Ferrol-Tui highway, for the "abusive" collection of tolls on this road during the works of the Puente de Rande.

Therefore, it urges the company to "refund the amount charged" to users affected by any of the 81 traffic incidents recorded between February 27, 2015 and the month of June 2018.

In the judgment that estimates this demand, to which the Adicae and Colectivo associations adhered, as well as individuals, the magistrate declares "the nullity of these abusive practices".

As indicated, these practices consist of charging users "tolls in full" when incidents occur on the road qualified by the Directorate General of Traffic (DGT) of degree 'black', 'red' or 'yellow', always that users have not been provided with information on the state of the road in advance so that they could opt for another route.

The judge considers "indifferent" in his ruling that the incidents have been directly motivated by the works or by other circumstances, such as accidents, damaged vehicles, fires or landslides.

"The relevant thing is not the cause, but the fact of charging a price to a consumer who has not received the service and who has not been provided the necessary information so that he could make his decision," he emphasizes.

Likewise, the holder of the Commercial Court number 1 of Pontevedra emphasizes that "there is no way that there was any cause of force majeure that prevented Audasa from informing drivers with sufficient sufficiency and advance notice."

In addition, the company must bear the cost of publishing the judgment ruling, together with the list of the 81 incidents admitted, in the newspaper with the greatest dissemination in Spain. Users who have been affected by any of them may urge to be recognized as beneficiaries of the sentence.

In any case, the court has not accepted in the ruling to establish the criteria to be followed by Audasa to guarantee the "cessation of abusive practices" or the requirement that the entity submit to the Court a criterion of elimination of the toll price in certain cases , since this issue does not "correspond" to the judicial sphere.

In the same way, it has also ruled out considering the facts as a damage or loss that deserves compensation greater than the return of the amount paid.

According to the criteria of The Trust Project

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