Application for Interim Measures before the Alicante Court

Six months after the first interim measure (A.53), the situation forced a second. Its course documents the state of the front.

The brief

• Filed on 11 August 2021 by the claimant of proceedings 444/2020 (A.52).
• It reiterates the urgency: the subsistence of the family unit during the pendency of the dispute.
• It invokes, among other points, the VAT retained since 2002 without refund (A.46) — liquidity owed by the same enforcing Administration.

What is on record of the procedure

• No resolution: neither granting, nor denying, nor of non-admission.
• The forwarding of the matter from one court to another — the same mechanism of circulation without examination documented on the criminal front (A.43).
• The continued pendency of the main procedure while the interim harm was consummated (A.55).

The measure of the silence

An interim measure without a response is not a denied interim measure: it is a procedure that does not function even to say no. Article 130 of the Contentious-Administrative Jurisdiction Act presupposes a reasoned decision one way or the other; the file contains none.

How to verify it

Locate in the 444/2020 the resolution of this application. Its absence — the second consecutive one — is the annex.