The Board takes down Facua's complaint in Seville: "The processions are not a public spectacle"

The Board takes down Facua's complaint in Seville: "The processions are not a public spectacle"

The Board takes down Facua's complaint in Seville: "The processions are not a public spectacle"

A formal letter from the General Directorate of Public Shows of the Junta de Andalucía has rejected the complaint filed by the consumer ...
Comments Wednesday, May 06, 2020
The Board takes down Facua's complaint in Seville: "The processions are not a public spectacle"


A formal letter from the General Directorate of Public Shows of the Junta de Andalucía has rejected the complaint filed by the consumer association Facua against the Council of Brotherhoods in which it demanded that the institution return in full the money for the fertilizers of the chairs and boxes of the Official Race. The department belonging to the Ministry of the Presidency clearly determines that the Easter processions "are not a public spectacle", which means that they cannot be governed by the corresponding law. It is a formal response - not a resolution - in which it is stated that the Ministry has no powers since it is a "religious event" and does not fall under Law 13/1999.

This dismantles Facua's argumentation against the Council of Brotherhoods and confirms the brotherhood institution, which has always defended that Easter cannot be considered a public spectacle. As ABC has learned, the consumer association will use another strategy such as filing an appeal with the Consumer Department, under the Ministry of Health.

It should be remembered that the Council of Brotherhoods has specific regulations for Chairs and Boxes that are signed by the Official Race subscribers each year when collecting the access documents for Easter and which makes it clear that the money is not returned even in the event of rain or for any other reason of force majeure. However, the superior board is aware of the situation in which some subscribers find themselves and will be sensitive when it comes to returning the money to those who request it, according to the president of the Council himself in various interventions in the media. In fact, it has developed a roadmap to follow that will be presented to the brothers and which will establish a mechanism to benefit both parties (brotherhoods and subscribers).

The Board's brief

In the letter, to which ABC has had access, it is recalled that said regulations refer to the fact that “strictly private or family celebrations are excluded from the scope of this Law, as well as those that involve the exercise of fundamental rights in the labor, political, religious, trade union or teaching fields ». In addition, the General Admission Regulations reiterate that these same activities are "excluded". In addition, the writing clearly specifies that "Easter processions, as well as pilgrimages or any similar religious manifestation are therefore not considered a public spectacle or a recreational activity, and therefore fall within the exclusions provided in the Law 13/1999 and its regulations and operation are not governed by said law or by the General Admission Regulations ».

Sources from the Ministry have told ABC that Facua's question has been asked repeatedly on other occasions when there has been rain and that "the same thing has always been answered."

VAT

On the other hand, this writing gives the reason to the Council of Brotherhoods in its claim to the Treasury for not paying the 21% VAT that the central government has forced this year. The institution has had to collect these amounts to avoid a sanction from the Treasury and, now, it will demand exemption from payment or, subsidiarily, the application of the reduced rate of 10%, which will be returned to subscribers.

abc

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