Seven leisure companies and professionals have launched a legal challenge against Gavà City Council's public tender for an outdoor 'tardeo' event space in John Lennon Square, Baix Llobregat. The firms submitted an appeal on 6 May, arguing that the tender's requirements are "disproportionate" and favour the previous operator, according to El Periódico.
The council had previously granted a licence for the Brisa Open Air event, organised by El Paripé, which proved popular last year. Gavà's local government considered the event a success, establishing it as "a reference meeting point during the summer and autumn months" for young people. Consequently, the council issued a new tender on 22 April for companies to operate the space for the coming years.
However, the appealing companies contend that the tender process raises "questions about the real degree of competition and neutrality of the process." They argue that several requirements in the administrative and technical specifications "significantly limit access for potentially interested companies." The appeal also states that the bidding period, from 22 April to 7 May, was "clearly insufficient" to prepare the complex plans required.
Concerns Over Tender Conditions
The firms are asking the council to annul the tender for the temporary occupation of John Lennon Square, insisting that the specifications "structurally favour the operator who already managed the space during the 2025 season." If the local executive proceeds, the companies will consider taking their appeal to court, though they hope this will not be necessary.
Municipal sources told El Periódico that the City Council believes "there is no basis for the temporary suspension of the tender." They added that the next step will be to evaluate the proposals received. The tender offers a maximum four-year concession, comprising two fixed years and two optional extensions, running from 1 May to 2 November, Thursday to Sunday. The minimum licence fee is €100,000 per season.
Another key concern for the appellants is the evaluation system. Technical criteria, subject to municipal assessment, account for 75% of the total score, while the economic offer represents only 10 out of 100 points. The companies also highlighted the short 15-day window to prepare "highly complex technical, financial, and programming proposals."
Council Defends Process and Requirements
Municipal sources defended the conditions, stating they aim to guarantee the "quality of the offer" for John Lennon Square, focusing on three core aspects: "safety and order in the space; the operator's experience and solvency; and a clear improvement in programming." They also maintained that the deadline for submitting offers is "legally established" and has been validated by municipal legal and technical services, which have issued "all positive reports on the procedure." The council believes the conditions are suitable for accredited companies, joint ventures, or business groups, whether existing or newly formed, to participate.
However, the seven companies argue that the combination of conditions "considerably reduces the number of operators capable of competing." These include the requirement to prove specific experience in managing seasonal leisure spaces with capacities over 3,000 people for at least three seasons, and organising large-capacity events in the last five years. Additionally, companies must have a highly specialised technical and management team already employed at the time of submitting their offer. These are considered "unusual as eliminatory conditions in tenders of this nature."
Urban Planning Doubts Raised
The minimum business volume required is €3 million, a figure that "more than triples the limit set by the Public Sector Contracts Law," which references a maximum of 1.5 times the estimated contract value, in this case, €600,000. "The sum of these factors raises reasonable doubts as to whether the tender effectively guarantees the principles of equality, free competition, proportionality, and non-discrimination that should govern all public procurement," stated representatives from the nightlife sector.
The companies also raised urban planning concerns regarding the proposal's viability. They noted that the area is classified as an urban park, meaning "the use and exploitation of this location for recreational, musical nightlife, bar, and restaurant activities is not legally possible." Therefore, the appeal states, the Gavà City Council's project "incurs a defect of nullity by operation of law."
On this point, the municipal executive stated that John Lennon Square is "the most suitable location for the proposal's development." They maintain that the site has "all the urban planning legal basis, like other recreational and cultural activities that temporarily and partially occupy public spaces."
Moving forward, the City Council will continue with the evaluation of the submitted proposals, while the appealing companies await a response to their formal challenge. The outcome will determine whether the 'tardeo' event proceeds as planned or faces further legal scrutiny.
