The Supreme Court establishes that the right to be indemnified can only be assigned in the cases of patrimonial responsibility in which this right has been previously recognised in a firm administrative act or a firm judgement.

The Supreme Court has pronounced, in judgement number 53/2020, January 22, about the possibility of applyingcivil law in the administrative contentious jurisdiction in order to fill the gaps of administrative legislation and jurisprudence, and more exactly, about the assignment of credits derived of patrimonial responsibility in a particular case in which a society in creditors…

The action of the legislator in rendering the lack of effect of an administrative act declared null and void by a nonfinal judgment does not cause the rupture of the causal link of the econòmic liability of the Administration that authorizes the annulled act, if the rest of the requirements for administrative liability are met.

In 2009, a company entered a tender called by the Cantabrian government to allocate wind power. In 2012 the Cantabrian High Court of Justice (TSJCanT) declared the decision to hold the tender null and void and in 2015 the Supreme Court (SC) confirmed this decision. Between these two moments, the Cantabrian Parliament passed a law…

The Supreme Court establishes that the lack of an economic sustainability report in the processing of any instrument of urban transformation actions, as long as they contemplate the installation of infrastructures that have to be paid or maintained by the public administrations, entails the nullity of such an instrument.

In the cassation appeal resolved by the Supreme Court, the Supplementary General Plan of Teror (Las Palmas de Gran Canaria) was challenged because it had been approved without the report on economic sustainability required by the current article 22.4 of the consolidated text of the Land Law, approved by Royal Legislative Decree 7/2015, of 30…

The Supreme Court establishes the time limit for bringing an administrative action for the building permit annulment, in the exercise of public action in urban planning.

In the appeal in cassation decided by the Supreme Court, the question of objective interest for the formation of jurisprudence was to determine what is the time limit for bringing an administrative action for the building permit annulment, in the exercise of public action. The Supreme Court establishes that the time limit for the exercise…

The Supreme Court establishes that althought the gender impact report is not mandatory in order to approve an urban plan, gender equality conforms an inspiring principle of the urban development

This cassation appeal is lodged by the Community of Madrid and the Boadilla del Monte Council against the judgement of the High Court of Justice of the Community of Madrid that declares the nullity of the General Urban Development Plan of the Council, substantiated in the lack of the Gender Impact report. The contested sentence…