Four years of protests, fines, and lawsuits against a private business in the Fluvià Gorge

GironaFor four years, residents and environmental organizations have been mobilizing to halt the operations of the Fluvià Náutico de Sant Pere Pescador company, located at the mouth of the Fluvià River, near the protected area of the Aiguamolls de l'Empordà Natural Park. This controversial private business, in operation since 2021, blocks the access road to the beach with a barrier that leads to a car park. It also has an overnight area for motorhomes and offers jet ski and boat rentals.

Both the Generalitat de Catalunya (Catalan Government) and the Sant Pere Pescador City Council are committed to the renaturalization of this artificial marina where the business operates, built more than 40 years ago, and have opened all administrative and judicial avenues to get started. However, the developer, Víctor Latorre, who bought the land in the 2000s, when it was development land, is holding the line and has filed all kinds of appeals and resources in the courts, while continuing to operate normally.

The latest blow to the Fluvià Náutico has been the unanimous approval, two weeks ago, of a resolution by the Catalan Parliament's Ecological Transition Committee, presented by the CUP (Coup d'Unity) (CUP). The text urges the government to implement "procedures to protect the natural heritage of the Fluvià Gorge," given that the current situation "violates the public interest and the rights of citizens." The residents of Sant Pere Pescador, formed as the Group in Defense of the Fluvià Gorge, welcome the ruling, but lament the "delay" and "inaction" of the administrations in taking action: "We are getting more and more resolutions that support us, but the situation remains the same, remaining unresolved, since governments cannot do anything if they do not exhaust all legal avenues," says Catalina Victory, one of the spokespersons for the citizen platform.

Before the parliamentary committee, the Girona Provincial Council also took a similar stance. Just a year ago, the ombudsman issued a report supporting all the complaints made by the Group in Defense of the Fluvià Gorge. The document recalls that this is a protected area of the Natura 2000 Network, classified as non-developable land of special protection since 2003, and notes that private businesses "have installed unauthorized constructions and activities in protected areas." The ombudsman also emphasizes that plots owned by the Sant Pere Pescador and Incasòl City Councils have been occupied without permission, and that the Joncar path, for public use, has been closed.

Lawsuits against the City Council and a €31,000 fine from the Generalitat

Faced with pressure from environmentalists, the Alto Empordà City Council responds that it is "tied hand and foot" until the three lawsuits it has open with Latorre are resolved. In fact, the council already attempted to seal the parking barrier to comply with the order to open the path, but the owner removed the tape and resumed operation. "Statements like that of the Parliamentary committee are welcome. However, we have stated repeatedly that all administrative steps have been exhausted and now everything is in court. We have it in the courts and have requested precautionary closure measures, but we still have no response," explains Mayor Agustí Badosa.

The Generalitat (Catalan Government) is in a similar situation. It is currently working with the Ministry of Ecological Transition to modify the protection limit of the maritime-terrestrial domain from 20 to 100 meters, which would force the owner to restrict the use of the water surface where he rents boats. The Catalan government also imposed a €31,000 fine on the company, ordering the suspension of construction work, the suspension of unlawful activities, and the removal of fixed and removable installations. However, Fluvià Náutic filed an administrative appeal, which is currently being processed by the High Court of Justice of Catalonia.

Expropriation: The Only Possible Solution?

Given this complex of requests and cross-appeals, expropriation looms as a possible faster and more effective solution to resolve the conflict. This option has already been considered with a first draft agreement to expedite the process, although it is not expected to be immediate, as it would involve litigation to assess a fair price, with the more than likely appeals from the owner. The Minister of Territory, Silvia Paneque, announced in May 2025 that everything was moving in that direction, but right now the official response from the department does not detail any developments and acknowledges that it is working "to resolve" the case.

The owner refuses to budge: "All politicians are ignorant."

Owner Víctor Latorre, for his part, remains entrenched in his rhetoric, claiming that it's all a conspiracy by the administrations, involving corruption and influence peddling, aimed at benefiting campsites on the other side of the river. "All politicians are ignorant; even the PP and VOX voted in favor of the resolution in the Parliamentary committee; no one verified the information regarding a motion presented by a party, the CUP, whose members have been charged with attacking me and which should be outlawed," he asserts. In a forceful tone, he states: "We have a country with thousands of civil servants receiving bribery and corruption benefits, signing false reports. I will take the case of Spain's corrupt democracy to the European Commission." And, regarding the expropriation proposal, he asserts: "Since 2014, no one from the Generalitat has met with me. I'll go to Madrid to be met by the minister and find a solution with an exchange and compensation, but if they throw me out, they won't be able to escape evicting all 100 bungalows in the area."