Paul F Burgueño

The beginnings of the case Zubi Zuri, Calatrava Bridge

The Spanish architect Santiago Calatrava is known worldwide for its architecture and engineering of high aesthetics and famous millionaires lawsuits generated around it, the last in which he has been involved is the author who stars as Zubi Zuri Bridge .

The story goes back to the '80s, when the Bilbao City Council wanted to give his subjects a bridge that would unite both sides to avoid the long distances people from the area had to travel across the river or across the bridge City Hall, or through call center solution.

At that time it was decided to provide citizens of Bilbao something more than just a pedestrian walkway: an icon of the city, a symbol of the new Bilbao, a tourist attraction and, in short, a masterpiece of incredible dimensions and also pedestrian. To this end, the study retained the services of Santiago Calatrava and in 1990 work began. Seven years later, on 30 May 1997, the bridge was opened to coincide with the almost simultaneous opening of the Guggenheim Museum.

Its completion and opened the bridge, people find that the design is impractical because the bridge connecting the Campo de Volantín with Uribitarte but not with the Alameda de Mazarredo, a high street that allows access to central the city. This is where the problems begin.

Local authorities hired in 2006 to architect Arata Isozaki to design and practical construction of a bridge connecting one end of the bridge to the Paseo de las Torres Isozaki Atea, thus bridging the gap of 90 steps between the river and the downtown area.

Soon Calatrava person on the bridge and watch its construction has been altered significantly, seeing thereby violating their moral right to integrity of the work, in particular, Arata Isozaki main runway was extended several meters, the design This extension was diametrically different from his creating a strange contrast with the work and had had to cut a fence that crossed the 'original bridge structure. Given these facts, Calatrava starting in 2007 litigation against the City of Bilbao and the developers Larian Biscayne Building and 95 per violation of their moral rights.

On 16 November 2007, the Commercial Court 1 of Bilbao sentencing showing that the Intellectual Property Law is not an absolute right and can be relaxed in cases where it is mated to the road or need for functionality urban. Judge Edmundo Rodriguez determined in this sentence, in effect, Santiago Calatrava's moral rights had been violated but the public interest should prevail over them. The ruling was celebrated by local authorities, but Calatrava did not want to leave the matter there and appealed to a higher court.

This higher court, the Audiencia Provincial de Vizcaya, has declared: Recognizes the infringement of moral right of integrity of the work of Calatrava, does not give prevalence to the general interest to the City of Bilbao ycondena to pay compensation of 30,000 euros to the architect.

In the next post in this blog I review the decision of the AP Bizcaia of absolute relevance to architects, engineers and intellectual property attorneys.