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BDS handed further legal blow by Spanish Courts: “unconstitutional”

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On June 2016, the City Council of Benlloch (a town of 1.150 inhabitants, west of Spain) passed a decision committing the Council to sign neither any political, commercial, agricultural, educational, cultural, sporting or security agreement or contract with Israeli institutions, companies and organizations, nor with bodies, companies and organizations that are involved, collaborate or in any way with Israel.

As in other cities in Spain, the City Council was granted the BDS-approved seal that distinguished the town as a “Free Space of Israeli Apartheid”, under the condition of the seal to be displayed in the city’s website and in its publications. In return the City Council agreed to publicize the boycott campaign among residents and local businesses. The motion was passed by PSOE (Socialist party).

Finally, the City Council agreed to engage and promote cooperation with the BDS movement in order to ensure the proper implementation of the boycott decision.

On may 2, 2018, the Court number 2 of Castellon published its decision, annulling the boycott. The Magistrate accepted The ACOM’s legal reasoning, which stressed that, even in the absence of its enforcement, the boycott entails the infringement of the constitutional principle of equality before the law.

Thanks to ACOM’s legal initiatives, 16 courts have annulled such motions (among these judgments, 2 of a High Court of Justice), 7 other institutions have voluntarily revoked the agreements, and 1 more have been suspended judicially until definitive ruling.