THE RESOLUTION: "REPAY €353,737.08"

Apolozan case · ERDF fraud (Bilbao / Alicante / EU)

THE RESOLUTION: "REPAY €353,737.08"

On 6 March 2014, in Vitoria-Gasteiz, the Deputy Minister for Industry signed the resolution that closed the circle (DOC-0138, p. 31): the non-compliance of International Technology Corp Soft S.A. is declared and the repayment of 353,737.08 euros plus interest is ordered.

The sum claimed coincides, almost to the euro, with what the administration itself had paid in its two tranches — the 353,000 euros that Apolozan's complaint against the SPRI already pointed to (A.12). That is to say: it demands the return of exactly what the administration handed over after auditing and certifying that the investment existed.

And the detail that defines this resolution is not what it says, but what it dodges: in the same file, twenty-three pages earlier, is the Investment Report of 31 October 2013, sent by the department's own Territorial Delegate (DOC-0138, p. 8). The resolution does not confront it. Does not rebut it. Does not mention it as an obstacle. It declares the non-compliance by stepping over the document from its own house that described the investment.

Whoever signed had, in their own file, the paper that contradicted their signature. That is the sentence that sums up the GAUZATU — and the one none of the later instances was willing to read.

The key factResolution of 6-3-2014 (DOC-0138, p. 31): non-compliance and repayment of €353,737.08 plus interest. In the same file, unconfronted: the Investment Report of 31-10-2013 (p. 8) and the audits that motivated the payments (A.5).
The uncomfortable questionHow is a file declared in breach when its own inspection report — in the same volume, pages earlier — documents the investment?
The ruleThe repayment of subsidies requires a proven legal cause and a reasoned resolution (arts. 37 et seq., Law 38/2003); the reasoning cannot omit the documents in the file itself that contradict the decision (art. 54, Law 30/1992).
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