Despacho N.º 17/2008 de 9 de Janeiro
A Sociedade Euroscut Açores - Sociedade Concessionária da Scut dos Açores, S.A. (“Concessionária”), juntamente com o Agrupamento Complementar de Empresas denominado Ferrovial Agromán / Construções Gabriel A.S. Couto /Eusébio & Filhos / Empreiteiros Casais / Aurélio Martins Sobreiro & Filhos - Empreitada da Scut dos Açores - ACE (“ACE Construtor”) requereu, nos termos do contrato de concessão para a concepção, projecto, construção, financiamento, exploração e conservação, em regime de portagens sem cobrança para os utilizadores (SCUT) de determinados lanços rodoviários, respectivos troços e conjuntos viários associados na Ilha de São Miguel (contrato de concessão), o consentimento escrito da Região Autónoma dos Açores para a modificação subjectiva do ACE Construtor a quem a Concessionária confiou as tarefas de concepção/construção resultantes do referido Contrato.
De acordo com o requerido, a ACE Construtor, que actualmente é composto pelas sociedades Ferrovial Agromán (85%), Construções Gabriel A.S. Couto (3,75%), Eusébio & Filhos (3,75%), Empreiteiros Casais (3,75%) e Aurélio Martins Sobreiro & Filhos (3,75%) passaria também a incluir a sociedade “Compañia de Obras Castillejos, S.A.”, com uma participação de 42,5%. Para este efeito, a participação da Sociedade Ferrovial Agromán no ACE Construtor seria reduzida para 42,5%, mantendo-se inalteradas as participações dos demais membros.
Assim, considerando que:
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De acordo com o disposto na cláusula 83.1 do Contrato de Concessão, carece de aprovação prévia do Concedente, sob pena de nulidade, “… a substituição ou rescisão dos Contratos de Projecto, constantes do Anexo VII ao Contrato de Concessão, bem como a celebração pela Concessionária de qualquer negócio jurídico que tenha por objecto as matérias reguladas nos mesmos.”
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