Catalonia's High Court Cancels Barcelona's Boycott of Israel and Exclusion Clause in Contracts

The High Court of Justice of Catalonia partially upholds the appeal from ACOM and strikes down the exclusion clause in municipal contracts and the severing of relations with Israel approved by the Barcelona City Council in November 2023.

The High Court of Justice of Catalonia (TSJ de Cataluña) has partially upheld the appeal presented by ACOM and has annulled two measures approved by the Barcelona City Council in the plenary session on 24 November 2023. The ruling nullifies the clause that barred economic operators from municipal contracting and the interruption of institutional relations with the Government of Israel.

The judicial resolution, announced this Friday, supports the association on the two points that had practical consequences. The court considers that both measures exceed municipal competencies and are discriminatory in nature.

The origin of the conflict lies in the institutional declaration that the Plenary approved a few weeks after the terrorist attacks of 7 October 2023. The proposal was passed with the favourable votes of PSOE-PSC, Barcelona en Comú, and ERC, and the rejection of PP, VOX, and Junts. The text mandated the implementation of a contractual obligation in all public contracts to bar operators based on their economic activities and suspended institutional relations with Israel until a series of political conditions regarding the conflict were met.

In the area of contracting, the Chamber rejects that it was merely a political declaration. According to the ruling, the measure had practical effects and, although it did not explicitly mention any State, the context in which it was approved allows for its discriminatory nature to be perceived. The court emphasizes that the City Council cannot modify the legal contracting regime through an exclusion clause of indeterminate content.

Regarding the interruption of institutional relations with the Israeli government, the TSJ de Cataluña concludes that it implies discrimination against third parties and that the council lacks a competent title to justify that decision.

"The ruling supports ACOM's actions in defence of equal treatment and the subjection of public institutions to the law," sources from the association state.

The Chamber maintains the section of purely political content, considering that it has no binding legal effects. Thus, the resolution annuls the two operational measures that had been challenged.

The judicial decision represents a setback for the governing team led by Mayor Jaume Collboni and for their partners ERC and Barcelona en Comú, who promoted and upheld the agreement. ACOM has announced that it will continue to defend that no administration uses its powers to impose discriminatory exclusions outside the legal framework.

The ruling can be appealed to the Supreme Court. For the moment, the two annulled measures cease to have effect in municipal contracting and in the institutional relations of the Barcelona City Council.