| 22/11/2020 6:44 | Updated: 11/21/2020 9:19 PM
The magistrate of the Court of First Instance 2 of Cádiz, María Isabel Cadenas Basoa, has sentenced the Cádiz CF football team, now in the First Division, to pay 235,972.76 euros – plus legal interest and procedural costs – to the company Golf & Tuf Management, SL, an amount corresponding to the maintenance of its golf courses. football since October 1, 2011 and April 28, 2016 and never paid.
According to the contract, Golf & Tuf Management, SL, had to keep the natural grass of the Ramón de Carranza stadium in the city of Cádiz in perfect condition, as well as the natural grass of two fields at the El Rosal facilities , where the team has its sports city, and both have artificial grass.
Cádiz CF never paid, but signed various debt recognition documents, which it did not contest, says the judgment, to which Confilegal has had access.
This football team responded to the lawsuit of Golf & Tuf Management, SL, with another lawsuit, called a counterclaim, claiming 443,266 euros from its previous maintenance company for the defective maintenance of the turf of the three football fields that, it said, caused difficulties in playing the game “and even injuries to players.”
These lawns had weed problems since the beginning of the relationship between the football club and the maintenance company because it was of the Ray Grass type, “not suitable for the climate of Cádiz, hot” that worsens in the hot months .
The Ramón de Carranza lawn was replaced in 2013, after the concert held Alejandro Sanz, by another of the same type.
«Except for the problem of weeds and the type of grass not suitable for the climate, it is not proven by any means that the grass of the Carranza Stadium was in poor condition before the Alejandro Sanz concert and the subsequent change of roof, nor is a faulty maintenance proven. No written complaint is presented by the Club to the plaintiff during the years 2011 and following.«, Underlines the sentence.
And the sentence continues: «It has also been accredited in the hearing that, after the maintenance contract with the plaintiff was resolved, Cádiz CF undertook a replacement of the Carranza Stadium lawn, going from the previous type, Ray Grass, to a type of grass called Bermuda, much more adapted to the climate of Cádiz, which is giving very good results ”, he says, quoting a maintenance technician, Jose Suarez.
The magistrate finally reaches the conclusion that “None of the reports [presentados] It is decisive to prove whether during the years 2011 to May 2016 the state of the grass was deficient, if this deficiency made it difficult to play soccer, as required by the first clause of the 2011 and 2012 contracts, and if the anomalies that could having the grass was due to a defective performance of the maintenance work, or if it could be due to the non-adaptation of the type of grass with the climate of the area ”.
Cádiz CF could not prove that there had been a defective performance of the contract. Hence the condemnation.
The soccer team can appeal on appeal.