One of the most talked-about trials in recent years has concluded in Seville: 16 individuals, including officials and technical experts from the Junta de Andalucía, have been fully acquitted in the case concerning alleged irregularities in the international tender for the operation of the Aznalcóllar mine. The court found that none of the alleged offenses were substantiated, and the charges were deemed unfounded.
In the decision dated December 4 and announced on Friday, the court dismissed all charges against the defendants, including abuse of office, fraud, unlawful negotiations, embezzlement, and environmental violations. These accusations had been brought by Emerita Resources España S.L.U., SC Andalucía Mining, and the Federation of Environmental Organizations. The court also released the Andalusian government and several companies involved in the tender process from civil liability, among them Minera Los Frailes S.L., AMC Mining Iberia S.L.U., Grupo México, Minorbis S.L., and Magtel S.L.
Court ruling
The judicial panel specifically noted that the accusations lacked any factual or evidentiary basis. According to the judges, the plaintiffs could not have been unaware of the weakness of their arguments, especially after the proceedings concluded, when the absence of any indication of a crime became clear. Some of the charges, such as unlawful negotiations or environmental corruption, were found to be completely unfounded, and the initial suspicions of corruption or misuse of funds were not substantiated even after an extensive investigation.
During the trial, the prosecution consistently maintained the defendants’ innocence, relying on the conclusions of experts from IGAE (General Inspection of State Expenditures) and reports from the UCO unit of the Civil Guard. Both documents revealed no violations on the part of the tender participants, most of whom held senior positions and had explained their role in the procedure in detail from the outset.
No evidence of pressure
The court found no signs of pressure or attempts to influence the decisions of the selection board or technical committee. The UCO report also documented no communications or documents suggesting lobbying efforts in favor of any company.
The court paid particular attention to a key episode cited by the prosecutors—a meeting on April 11, 2014, at the Emerita office in Seville. In the court’s view, this fact was not proven and cannot serve as grounds for charges of collusion or attempts to influence the outcome of the tender.
Defendants’ Position
During the hearings, the defendants consistently and thoroughly explained their actions, with their statements supported by independent experts and the legal services of the Andalusian government. The court noted that there was no evidence of any attempt to issue instructions, make recommendations, or exert moral pressure on members of the tender committee. There were also no signs that the brothers representing Magtel received any promises or advantages in order to win the tender.
The court stressed that there is no evidence of collusion between Magtel representatives and officials aimed at appropriating mineral resources. All decisions of the tender committee and technical committee were justified, complied with the pre-announced criteria, and were not contested by other participants. Expert reports also confirmed the legitimacy of the procedure.
Consequences of the Decision
As a result, the court ordered the plaintiffs—a company and an environmental organization—to pay all legal costs, citing their coordinated position which led to moral and economic harm for those acquitted. However, the court’s decision may be appealed to the Supreme Court of Spain.
If you weren’t aware, Magtel S.L. is a major Spanish company specializing in infrastructure and energy projects, with an active presence in the mining sector. Grupo México is one of the world’s leading mining companies, operating in Latin America and Spain. Emerita Resources España S.L.U. is a subsidiary of the Canadian firm Emerita Resources, focused on exploration and development of mineral deposits in Spain. The Aznalcóllar mine in Andalusia is known as one of the largest zinc and lead extraction sites in the country.
