Two New Legal Victories Against BDS in Spain: Courts Halt City Council Boycott Decisions

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Two Spanish public law courts have issued writs of injunction suspending boycotts that target Israeli entities. The boycotts had been passed by the City Councils of Castrillón and Corvera, both in Spain’s northern region of Asturias.

Both injunctions were issued in court proceedings brought by The Lawfare Project’s legal counsel in Spain, on behalf of Jewish plaintiffs.

In furtherance of the discriminatory Boycott, Divestment, and Sanctions (BDS) campaign against the State of Israel, the plenary sessions of both councils adopted the designation of “Free Spaces From Israel Apartheid” for the two cities, and ordered the restriction of public procurements and municipal relations with Israeli institutions, companies, organizations, and others that may obtain benefits from engaging in trade with Israeli entities.

The lawyers at the District Attorney’s Office supported the adoption of the interim measure, suspending both boycotts while court proceedings were underway to declare the council decisions void.

In both cases, the Magistrates found that the suspension of the boycott agreements did not disrupt any relevant public interest. The Courts accepted as preferential and pressing the need to avoid the deterrent effect on Israeli bidders of the council boycotts that imposed discriminatory limitations on public tenders, restricted every type of agreement with foreign companies and institutions engaged in business relations with Israel, promoted the BDS campaign from public office, and fostered official relations with NGOs that pursue the boycott of Israel.