The highest demand is 9.5 million euros by the McFit chain of gyms. A bingo operator is claiming one million euros, while the private health Juaneda Group is pressing for 4.6 million euros, its case being different to others, as it was declared an essential service and therefore could not benefit from the ERTE furlough scheme.
These claims are currently being processed by the government, which in the end will dismiss all of them, meaning that they will most likely be taken to court. Although they differ in certain respects, these claims have in common the argument that Constitutional Court and Supreme Court rulings found against the Spanish and Balearic governments in respect of the two states of alarm and the curfew in the Balearics.
Balearic government reports maintain that its actions were the consequence of the need to act to protect society as a whole from a potentially fatal disease. As to the decision to declare private clinics essential services, this was one taken by the Spanish government and which was acted upon by island councils.
The Consultative Council, the body that advises the government on legal matters, has issued its own reports regarding these claims. It observes that although certain provisions were annulled (e.g. the curfew), this did not imply that they were unjustified and disproportionate, citing World Health Organization criteria and recommendations to prevent an excessive increase in infections that would have further aggravated the delicate situation of the health service.
In other Spanish regions, such as Asturias and Madrid, compensation claims have been rejected by the respective governments.
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