The Málaga Provincial Court has rejected a private prosecution brought by the Benalmádena Council relating to the outbreak of legionella at the local sports complex which resulted in the deaths of three people last summer. The Magistrates Court in Torremolinos had also earlier rejected the case.
After rejection by the Magistrates Court in Torremolinos, Benalmádena Council submitted an appeal to the Málaga Provincial Court although, apparently, they are not surprised by the latest ruling. The Court rejected the appeal on the grounds that the Council, in a private prosecution, is not the injured party and that any such cases have to be brought by those directly involved in the incident, namely those who contracted the disease.
Once the criminal proceedings route is exhausted, the Council is set to pursue the administrative path.