PROPUESTA DE CONTRATACION PUBLICA – CASO RADON

QUIENES SOMOS   MEDIACION   DIPLOMACIA   DONACIONES  PRIVACIDAD CONDICIONES  UNETE – ES GRATISPROYECTOS ABIERTOS A SUBSCRIPCIONS

PROYECTO DE CONTRATACION PUBLICA DEL CASO: RADON:

SOLICITUD DE PARTICIPACION     [ media campaign]   [comunicaciones]

STEPS

The most immediate and critical action is to meticulously respond to the “Requerimiento de subsanación” (Rectification Request) received from the Spanish Ministry for the Presidency, Justice and Relations with the Cortes, dated May 21, 2025, concerning your administrative claim for State liability. You have been given a ten-day period to comply, and failure to do so adequately could lead to the dismissal of your claim. This response must clearly provide documentation proving your due representation of COCOO, including the company’s statutes. It is also essential to unequivocally clarify that your submission is indeed a procedure for State liability (responsabilidad patrimonial), and not solely a request for information under transparency laws, even though information gathering is a component of your broader action. Furthermore, the Ministry requires you to specify the damage produced, individualised to persons if possible and with economic valuations for each, the timing of the damage, the specific administrative actions or omissions you attribute liability to, and the causal link between the State’s conduct and the harm. While providing full individualised details for a large class at this early stage is challenging, your response should robustly outline the categories of harm (health and economic), reference your preliminary global economic damage estimate of approximately 23.97 billion euros, explain the methodology for ongoing damage assessment across the class, and firmly establish the causal link to Spain’s failure to transpose Directive 2013/59/Euratom, a failure already confirmed by the European Court of Justice. Remember, the six-month maximum period for the Ministry to resolve your claim is suspended until you effectively comply with this rectification request.
Concurrently, we must intensify our information gathering and evidence consolidation efforts. Your formal request dated May 6, 2025, to various Spanish Ministries detailed extensive information requirements, including crucial documents like prior radon risk studies from before February 2018, the administrative file on the Directive’s transposition, official radon measurement records, and details of any previous EU infringement proceedings related to radiation protection. It is vital to pursue these requests vigorously. Should the Spanish authorities fail to provide this information, particularly after the rectification of your administrative claim is complete, we must be prepared to initiate the legal actions previously contemplated to compel access, as this information is key to proving prior knowledge and the extent of negligence. Alongside this, we need to systematically collect direct evidence from the affected class members you represent, including radon test results from their properties, professional valuations assessing property value diminution, receipts for mitigation measures undertaken, and, where applicable and feasible, medical documentation related to radon exposure.
Building and engaging with the potential class of claimants is a crucial next step and this is where your query about social media becomes relevant. Yes, social media can be a component of a carefully managed outreach strategy. We can use platforms for general awareness campaigns, informing the public in Spain, the UK, and other EU countries about the radon issue, the significance of the European Court of Justice ruling against Spain, and COCOO’s role in seeking redress. However, it is paramount that we do not solicit sensitive personal data or engage in detailed case discussions on public forums. Instead, social media efforts should direct interested individuals to a secure, dedicated COCOO website or contact point where they can register their interest confidentially and receive further information. More effectively, we should continue to develop partnerships with consumer rights organisations, homeowner and tenant associations, public health bodies, and expatriate support groups both in Spain and across the EU, including the UK, as these organisations can provide trusted channels to reach affected individuals whose interests align directly with the harms COCOO has identified. We need a formalised intake process to gather details from potential claimants in a structured manner to build the evidence base for the class.
As this information is gathered, both from the Spanish authorities and from class members, we must continuously refine our legal and settlement strategy. The evidence will further shape our arguments for both the Francovich claim and the national tort claim for State liability (responsabilidad patrimonial del Estado ). This will enable us to develop a comprehensive and compelling settlement proposal to present to the Spanish State. This proposal should not only seek financial compensation but also advocate for broader remedies, such as the public contract solutions we have previously discussed, including a national radon mitigation program and a health monitoring scheme. Our negotiation stance should be assertive, highlighting the established legal breach, the extensive evidence of harm, the large number of potential claimants, and the significant financial implications for the State if a settlement is not achieved.
Engaging relevant experts remains essential. We will need to continue to consult with, or be prepared to formally engage, medical experts on the health consequences of radon, technical experts on radon mitigation and building standards, and economic experts to provide robust valuations of the widespread economic losses.
Finally, we should maintain our engagement with the European Commission. Your letter of March 11, 2025, to DG Environment’s Unit for Radiation Protection & Nuclear Safety formally notified them of Spain’s alleged non-compliance and requested a formal review and guidance. We should provide them with substantive updates, such as the response from the Spanish Ministry and the growing evidence of harm and the scale of affected citizens, to encourage their continued scrutiny and support for effective remedies.
These steps, pursued diligently and strategically, will place COCOO in the strongest possible position to achieve a successful outcome, whether through a negotiated comprehensive settlement or, if necessary, through robust legal action in the Spanish courts.

USPS

Good morning. Further to our ongoing efforts to address the significant public health and economic harms arising from deficiencies in radon protection within Spain, and building upon the comprehensive information we have now assembled, this communication outlines several unsolicited project proposals. These are designed to offer the Kingdom of Spain a constructive and effective pathway to rectify past failings, protect its populace, and resolve the substantial liabilities that have arisen. We present these proposals to the relevant Spanish Public Authorities, including the Ministry for the Presidency, Justice and Relations with the Cortes, the Ministry of Health, and the Ministry of Transport and Sustainable Mobility, with the conviction that urgent, collaborative action is imperative.
It is COCOO’s considered position that our unique standing, deep understanding of the multifaceted issues, direct representation of a substantial and growing class of affected individuals from Spain, the United Kingdom, and other EU Member States, and the advanced state of our legal and factual preparations, place us in an unparalleled position to partner with the Spanish State in implementing these solutions. This unique confluence, which includes a well-developed strategic approach to resolving the underlying legal issues and an ‘implied litigation threat’ stemming from our duty to our members, means that COCOO and, by extension, the class of victims we represent, are not merely potential contractors but essential partners for the success and legitimacy of these projects. We believe this unique position justifies a direct engagement for the implementation of these proposals, potentially with minimum or no tender, as no other entity could bring the same combination of victim representation, detailed evidence, legal leverage, and a genuine path to a global and lasting resolution of the State’s liabilities.
The first underlying problem is the widespread presence of unsafe radon levels in a vast number of Spanish dwellings and other buildings, directly resulting from the Kingdom of Spain’s failure to timely and adequately transpose and enforce Council Directive 2013/59/Euratom. This failure, now conclusively determined at the highest European judicial level, has exposed hundreds of thousands of individuals to preventable health risks, including an increased likelihood of developing lung cancer, and has caused significant economic damage to property owners, which our detailed assessments indicate could amount to approximately 23.97 billion euros. The urgency is underscored by the ongoing nature of this exposure and the continuous accumulation of harm.
To address this, COCOO proposes the urgent implementation of a National Radon Diagnosis, Mitigation, and Property Restoration Program. This would be structured as a major public works and services contract, or a series of interconnected contracts, initiated and funded by the Spanish State. The program’s core objectives would be the systematic, nationwide radon testing of all residential buildings, educational institutions, and relevant workplaces situated within the currently designated high-risk radon zones, and an expansion of testing to other areas identified through COCOO’s proprietary risk-mapping methodologies, which consider factors potentially overlooked in current official classifications. For all properties where radon concentrations exceed a scientifically validated safe reference level, ideally striving towards the World Health Organisation’s guideline of 100Bq/m3 or, at a minimum, ensuring robust and effective compliance with the national standard of 300Bq/m3 through validated techniques, the program would finance and oversee the installation of appropriate and durable mitigation measures. This public contract would also include provisions for certifying remediated properties and potentially a component for compensating property owners for past mitigation expenses or proven diminution in value directly attributable to the radon issue prior to remediation. COCOO’s special strategy for this project stems from our unique position as the representative of a large, identifiable class of victims. Our existing database of affected individuals and properties, our in-depth understanding of the technical and legal shortcomings of past and current radon protection efforts, and our ability to facilitate cooperation from affected communities (including significant expatriate populations from the UK and other EU states) are unparalleled. Furthermore, the comprehensive evidence we have gathered regarding the State’s failings and the specific damages suffered provides a powerful impetus for resolution. This ‘implied litigation threat,’ representing the collective legal rights of potentially hundreds of thousands of claimants, means that a partnership with COCOO to deliver this program is the most efficient and effective route for the Spanish State to address its liabilities comprehensively and constructively, thereby avoiding protracted and fragmented legal battles. No other entity bidding on a tender would possess this intrinsic leverage or the trust of the affected class, which is crucial for the widespread acceptance and success of such a national program. COCOO and its members, the victims, would be direct beneficiaries and integral stakeholders in the governance and oversight of this program, ensuring it meets their needs and rectifies the harm.
The second underlying problem is the current lack of a comprehensive understanding of the full public health impact of past radon exposure in Spain and the absence of a robust, long-term system for monitoring ongoing risks and the effectiveness of remedial actions. This information deficit hinders effective public health planning and accountability.
To address this, COCOO proposes the establishment of a Public Health Impact Assessment and Long-Term Radon Monitoring Program, instituted through a public service or research contract. This program would be commissioned by the relevant Spanish health and environmental authorities and awarded to a consortium of independent scientific institutions, public health bodies, and universities. Its mandate would be to conduct extensive epidemiological research to quantify the historical and ongoing burden of radon-attributable diseases in Spain, to create and maintain a publicly accessible, detailed national radon risk map based on extensive geological and indoor measurement data, and to continuously monitor indoor radon levels and the long-term effectiveness of the National Radon Diagnosis and Mitigation Program. A key component would be assessing the health outcomes in populations residing in remediated properties. COCOO’s unique contribution here would be our ‘IP right’ in the form of proprietary datasets and analytical frameworks developed through our investigations into radon exposure patterns, particularly among diverse and often under-represented communities, including UK and other EU nationals. Our special strategy involves using this knowledge to co-design the research parameters to ensure they address the real-world concerns of affected individuals. Furthermore, our ongoing legal advocacy and the potential for litigation provide a unique incentive for the State to commit to such a transparent and scientifically rigorous long-term monitoring program as part of a comprehensive settlement. COCOO could serve on an independent oversight board for this program, ensuring that its findings are publicly disseminated and used to inform future policy and protect public health effectively, making the project accountable to the citizens and victims it is intended to serve. The “implied litigation threat” ensures that the commitment to long-term monitoring and health assessment is robust and not merely a superficial exercise.
The third underlying problem is the significant deficit in public awareness regarding radon risks, testing methods, mitigation options, and the rights of affected individuals, coupled with a lack of accessible, trustworthy support services. This leaves many individuals unknowingly exposed or unable to take appropriate action.
To solve this, COCOO proposes the creation of a National Radon Information, Advisory, and Citizen Support Service, operated under a public service contract. This service would be tasked with developing and executing sustained, multilingual public awareness campaigns across Spain, utilising diverse media channels. It would establish a national helpline and online portal offering impartial advice on radon risks, effective testing protocols, certified mitigation professionals, and available financial assistance or redress mechanisms. Crucially, this service would provide tailored support to vulnerable groups and expatriate communities. COCOO’s special strategy and potential ‘IP right’ for such a project lie in our established communication channels with affected UK and other EU nationals in Spain, our understanding of their specific informational needs and barriers, and our developed methodologies for community engagement and victim support in complex regulatory failure cases. The “implied litigation threat” means COCOO can ensure that such a support service, if established as part of a settlement, is genuinely effective and adequately resourced, as its failure would undermine the overall resolution for the victims we represent. COCOO, in partnership with other Spanish and European consumer and health organisations, would be uniquely positioned to deliver or oversee components of this service, ensuring it is independent, victim-centred, and effectively contributes to reducing radon exposure and empowering citizens. This direct involvement of an organisation like COCOO, which holds the State accountable, would provide a level of credibility and reach that a standard public tender might not achieve.
The fourth underlying problem is the absence of a clear, efficient, and fair mechanism for providing financial compensation to the potentially hundreds of thousands of individuals who have already suffered health damage or economic loss due to the State’s established failure to protect them from radon. Pursuing individual court claims is a daunting, lengthy, and costly process for most victims.
To resolve this, COCOO proposes the negotiation and establishment of a comprehensive Radon Damages Compensation Scheme, governed by a Framework Agreement which would itself be a form of public contract. This scheme would create a dedicated fund, financed by the Spanish State, to compensate victims for proven radon-related health injuries and economic losses (such as property devaluation and past mitigation costs). The Framework Agreement would detail the eligibility criteria, claims assessment procedures, valuation methodologies for different types of harm, and the governance structure of the fund. A public contract could then be issued for the independent administration of this scheme, potentially to a panel of legal, medical, and financial experts, or a specialised claims management entity. COCOO’s unique and indispensable role here, justifying a direct negotiation for this framework rather than an open tender for its conception, is self-evident: we represent a large body of the potential claimants. Our ‘IP right’ is the substantial body of evidence and the register of victims we have already compiled. Our special strategy involves our ability to negotiate a global settlement on behalf of this class, bringing certainty and finality to the State regarding a vast array of potential individual lawsuits. The “implied litigation threat” is most potent here; the alternative to a negotiated compensation scheme is mass litigation, which COCOO is preparing to facilitate. By engaging directly with COCOO to establish this scheme, the Spanish State can ensure an orderly, fair, and efficient process that provides meaningful redress to victims, including its own citizens and those from the UK and other EU nations, while managing its overall financial liability more predictably than through ad-hoc court battles. COCOO and its members would be integral to the design and oversight of the compensation scheme, ensuring its accessibility and fairness.
These proposed public contract solutions are designed to be comprehensive and address the multifaceted nature of the radon problem in Spain. They offer the Spanish authorities an opportunity to move beyond the current impasse, demonstrate a commitment to public health and EU law, and provide just remedies for those harmed, all within a framework where COCOO’s unique position can facilitate a more effective and holistic resolution than could be achieved through conventional procurement or adversarial processes alone. We urge an immediate dialogue to explore these proposals further.

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PROBLEMS AND SOLUTIONS:

Good morning. Having thoroughly reviewed all our previous discussions, the documents you have provided concerning the radon case, and considering additional publicly available information, I can identify the core underlying problems that give rise to COCOO’s potential causes of action against the Kingdom of Spain and propose some clever solutions that involve the mechanism of a public contract. These solutions are aimed at not only addressing the harms suffered but also at creating a framework for a successful and comprehensive settlement project.
The fundamental underlying problem is the Kingdom of Spain’s significant delay and alleged substantive deficiencies in transposing and effectively implementing Council Directive 2013/59/Euratom, particularly its provisions for protecting the public and workers from exposure to radon gas. This failure, already confirmed in part by the European Court of Justice, has led to a situation where a very large number of residential properties and other buildings in Spain were constructed or occupied without the necessary radon protection measures that should have been legally mandated from February 2018. This directly results in several critical problems: widespread exposure of occupants, including Spanish, British, and other EU nationals, to potentially harmful indoor radon concentrations; consequent increased public health risks, most notably a higher incidence of lung cancer; and substantial economic prejudice to property owners who now face costs for radon testing, mitigation measures, and suffer from the diminution in the value of their properties. Furthermore, COCOO alleges that this situation arose despite prior knowledge of radon risks by Spanish authorities, suggesting a level of negligence that could be deemed serious, potentially even constituting an abnormal functioning of public services or, at its most severe, a form of conscious disregard for known dangers. This complex set of problems gives rise to COCOO’s primary causes of action centered on State liability, both under the EU’s Francovich doctrine for failure to implement EU law and under Spanish national tort law for damages caused by administrative failings. A lack of adequate public information, support mechanisms, and clear avenues for redress for those affected further exacerbates the situation.
To address these underlying problems and to work towards a successful settlement project that benefits the affected class and upholds public health principles, several clever solutions involving public contracts could be proposed to the Spanish authorities.
One such solution would be the establishment of a comprehensive National Radon Diagnosis and Mitigation Program, structured as a public works and services contract or a series of related contracts. This program, funded by the Spanish State, would address the widespread contamination and the need for remediation in existing buildings. The public contract would mandate systematic radon testing in all residential buildings, schools, and relevant workplaces within the officially designated high-risk zones, and potentially in other areas based on new, more granular risk mapping that COCOO has advocated for. For properties found to exceed a safe reference level—ideally aiming for the WHO’s recommended 100Bq/m3 or, as a first step, ensuring compliance with the 300Bq/m3 national level with effective measures—the program would fund and oversee the implementation of necessary mitigation works. This could involve contracts with qualified construction and environmental engineering firms. COCOO’s role in such a scenario could be to advocate for the program’s creation as a key component of any settlement, ensuring its terms are robust, transparent, and victim-focused. COCOO, or entities it partners with, given its expertise in investigation and consumer protection, might also seek a role in independently monitoring the program’s effectiveness, assisting in identifying affected communities, or managing an associated public awareness campaign, ensuring the benefits reach all affected individuals, including expatriate communities.
A second clever solution involves a Public Health Impact Assessment and Long-Term Monitoring Program, established through a public service or research contract. This would address the need to fully understand the health consequences of past and ongoing radon exposure and to track the efficacy of remedial actions. The Spanish Ministry of Health could contract with academic institutions, epidemiological research centers, and public health bodies to conduct detailed studies on radon-linked illnesses in Spain, develop a national registry of high-exposure cases, and establish a continuous radon monitoring network with publicly accessible data. This scientific underpinning would ensure that future policies are evidence-based. COCOO’s involvement could be in advocating for this program, contributing to its design to ensure it addresses victim concerns, and potentially participating in an independent oversight or advisory capacity to guarantee transparency and public accountability. This would also serve to keep the issue on the public agenda and ensure continuous improvement in protection.
A third solution is the creation of a dedicated Public Information, Advisory, and Support Service for Radon, potentially managed under a public service contract. This would tackle the current deficit in public awareness and support for affected individuals. The Spanish government could tender a contract for the operation of a national radon information portal, a multilingual helpline, and advisory services to guide homeowners and employers through testing procedures, interpretation of results, and available mitigation options. This service could also assist individuals in navigating any compensation or financial aid schemes established as part of a settlement. Consumer organisations, including potentially COCOO or its local partners, would be well-suited to bid for or participate in delivering such services, ensuring that the information is clear, accessible, and addresses the specific needs of diverse affected groups, including vulnerable populations and non-Spanish speaking residents.
Finally, as part of a global resolution, a Framework Agreement could be established, effectively a public contract for the administration of a Radon Damages Compensation Scheme. This scheme would provide a structured and fair mechanism for compensating individuals who have suffered health effects or economic loss due to radon exposure resulting from the State’s established failings. The administration of such a fund—including claim intake, eligibility assessment, damage valuation, and payment disbursement—could be outsourced via a public contract to an independent body, a consortium of legal and financial service providers, or a specially created trust. COCOO would play a vital role in negotiating the terms of this scheme, ensuring it is adequately funded, fair, and accessible to all victims, including those from the UK and other EU states. This provides a more efficient resolution than myriad individual court cases and would be a significant achievement for COCOO’s public interest objectives.
These public contract-based solutions aim to transform the identified problems and legal liabilities into constructive, forward-looking actions. They offer the Spanish State a pathway to manage its responsibilities comprehensively, provide tangible remedies to victims, improve public health outcomes for the future, and restore public confidence, all while potentially forming the core of a negotiated settlement that COCOO could champion.