The National Court rejects filing the 3% case for the PDeCAT

Cristina Rubio Barcelona

Barcelona

Updated Friday, March 1, 2024-13:41

The

National Court

has rejected the

PDeCAT

's request to archive the 3% case regarding this defunct political formation and to declare its civil and criminal liability in this procedure extinguished.

The representation of the

heir party of Convergència

- and now extinct - had requested the definitive archiving of the procedure as the commercial court 8 of Barcelona had agreed to the extinction of the legal entity of the formation.

The Second Section of the National Court bases its refusal

on a ruling from the Supreme Court

in which it states that "although the registration of the deed of extinction and the cancellation of all the registry entries of the extinguished company entails, in principle, the loss of its legal responsibility, insofar as it cannot operate in the market as such, retains this personality with respect to pending claims based on supervening liabilities, which should have formed part of the liquidation operations. For these purposes, related to the liquidation of the company , it still has personality and therefore the capacity to be sued."

The case has been in the Court since 2018 and is still pending a trial date, more than a year after the judge, in November 2022, agreed to open an oral trial for the PDeCAT and CDC and their former treasurers

Germà Gordó, Daniel Osácar and Andreu Viloca

, among others.

In the opinion of the Chamber, a coherent interpretation of said ruling supports that in the present case the capacity to be part of the extinct PDeCAT

can be maintained

and that the legitimacy of its bankruptcy administration is recognized to continue acting through its procedural representation for the purposes of that the company can be defended in the act of trial.

The PDeCAT,

which put an end to its political career after a congress held in October last year, understands that the resolution last December in which a judge agreed to the conclusion of the bankruptcy proceedings implies the extinction of its eventual criminal liability and civil.