The Court of First Instance No. 7 of Córdoba has declared the nullity of an agreement adopted by a Board of Owners that prohibited community members from using their homes as tourist apartments. The activity for tourist use is not per se annoying, since in the abstract it does not involve an activity that is not permitted and incompatible with normal coexistence. The ruling, dated February 21, 2022 , indicates that an activity that is in principle “ perfectly legal and licit ” cannot be vetoed “in a general and unjustified manner .” Position of the plaintiff A neighbor filed an ordinary lawsuit against the community of owners with the sole purpose of declaring the nullity of the sixth agreement adopted by the Ordinary General Meeting of owners held on June 1, 2021, which prohibited the establishment of tourist apartments.
Chamber III, Contentious-Administrative, of the Supreme Court has annulled the age limits set in the Regulations for entry and promotion in the Armed Forces for non-commissioned officers who, by promotion , want to join the Officer Scale of the General Corps and the Marine Corps, considering that these limitations have not been justified with objective or scientific Phone Number Data data either in the corresponding Royal Decree or in the administrative file. The Supreme Court therefore upholds the appeal of the Professional Association of Non-Commissioned Officers of the Armed Forces (ASFASPRO) against Royal Decree 309/2021, of May 4 , which approves the Regulations for entry and promotion in the Armed Forces, annulling the age limits that article provides for non-commissioned officers who, by promotion, with and without prior qualification, want to join the Officer Scale of the General Corps and the Marine Infantry.
These limits are 34 years when no previous university degree is required (except for the fundamental specialty Flight of the General Corps of the Air Force, which is established at 24 years); and 38 years old with a requirement for a previous university degree. The ruling explains that “the lack of justification of the age limits must be accepted in this case because it is completely clear from the administrative file sent to the Chamber .” It is true – the magistrates add – that in the Royal Decree and in the administrative file the age limits established in article 17 are not accredited with objective or scientific data, nor are other types of factors that have nothing to do with them indicated or justified.