The court decision follows a request for reform of the judgment of November 2022 of the court presented by the company Praia da Cova – turismos, which intended to see the beach recognised as private property, announced the municipality in a statement.
The dispute between the Câmara de Silves and the company linked to the Vila Vita Parc group began in May last year, when the company, through a precautionary measure, requested an embargo on the construction of a shelter for the beach fishermen's tractor, work under the responsibility of the municipality.
In August 2022, the Court of Portimão annulled the embargo, considering that the work was part of the maritime public domain, not recognising the legitimacy of the company to embargo any work on the land, based on the fact that it was private property.
Last November, the Court of Appeal of Évora rejected the appeal presented by the company and confirmed the decision of the first instance, confirming the public and not private character of Praia dos Pescadores, in the parish of Armação de Pera.
The third judicial decision of the process was known on Thursday and “confirmed the public, not private, character of that beach in the municipality of Silves”.
The municipality of Silves considers that beach “has always been part of the public domain of the State”.
According to the municipality, “assuming that [company] Praia da Cova respects the court decisions handed down, the conditions are now met for the completion of the work on the tractor shelter offered by the municipality to the Fishermen Association of Armação de Pera”.
According to the municipality, the work represents an investment of 95 thousand euros, within the scope of the process aimed at creating a protected marine area of community interest.