Andorra Courts Dismiss Assegurances Generals Complaint, Owners Plan Constitutional Challenge

### Assegurances Generals Complaint Dismissed as Owners Eye Constitutional Challenge

The Tribunal de Corts has rejected an appeal by the owners of Assegurances Generals, confirming the Batllia's decision to permanently archive a 2021 criminal complaint against the insurer's special administrator, Jordi Torrellas, and a property appraiser. The judge found no evidence of criminal activity in allegations including prevarication, official document forgery, illegal appointment, procedural fraud, document mishandling, perjury, obstruction of justice, disloyal administration, and falsified accounts. The Andorran Financial Authority (AFA) was named as a subsidiary civil liability party.

Court officials, prosecutors, and the defendants' lawyers argued the complaint aimed to overturn the insurer's intervention process and challenge related civil and administrative rulings. The magistrate emphasized that criminal proceedings cannot serve as an appeal for issues already resolved in appropriate civil or administrative venues, describing such efforts as an abuse of the legal system. She noted that the duty to justify decisions does not entitle parties to rulings matching their demands or individual responses to every claim.

The owners, who view the archiving as "juridically inappropriate," claimed key investigative steps were skipped—such as verifying Torrellas's appointment, property valuations allegedly undervalued arbitrarily, and other probes they proposed. They accused the Batllia of conflating criminal investigations with civil matters and argued their right to jurisdiction, protected under Article 10 of the Constitution, was violated. Legal representatives for Torrellas countered that the owners pursued a delaying strategy, repeatedly seeking suspensions rejected by courts, and exhibited obstructionist behavior.

While the ruling upholds the full dismissal, the owners are likely to escalate the matter to the Tribunal Constitucional.

### Decades-Old CASS Contracts Battle Continues with Spanish Advisor's Appeal

A long-running dispute over advisory contracts linked to the Caixa Andorrana de Seguretat Social (CASS) financial troubles in the 1990s persists after Spanish businessman José Manuel Rodríguez appealed a Batllia ruling annulling three agreements. Signed under then-director Antoni Ubach, the contracts with Rodríguez and his firms—Collins SA and Holding Collins SA—were declared void due to Ubach's lack of authority to enter them.

The case reignited in 2019 when Rodríguez sought €15 million through Spanish courts, claiming unpaid fees; CASS countered it was owed €7 million in damages. Spanish judges declined jurisdiction. CASS then pursued annulment in Andorra, leading to the recent Batllia decision, issued after declaring Rodríguez and his companies in default. The court voided the contracts from inception, ordering mutual restitution of any benefits received plus legal interest from payment dates.

Rodríguez's appeal highlights procedural flaws, including CASS's inconsistent positions across jurisdictions—arguing prescription and lack of standing in Madrid but the opposite in Andorra. It also alleges judicial overreach in imposing restitutions and interest unrequested by CASS, alongside a flawed summons causing his default, despite known contacts for his lawyer and procurator. Sources describe the matter as raising serious due process concerns.