Nullity of the Agreement of the Territorial Commission of Urbanism of Barcelona that unfavorably reported the request for provisional authorization of an outdoor parking activity.

In its judgment 617-2019, of June 28, the Superior Court of Justice of Catalonia annuls an agreement of the Territorial Commission of Urbanism of Barcelona that unfavorably reported the request for provisional authorization of an outdoor parking activity. In the present case, the interested party requesting the authorization was, in turn, the owner of the…

The Spanish Supreme Court (TS) found the State, as legislator, to be financially liable in relation to the imposition of an administrative penalty in application of a legal provision that was subsequently found to be contrary to European Union law (Supreme Court decision of March 10, 2021)

The Catalan Government (Generalitat) imposed a fine of 20,001 Euros for infringement of the State Law on the Regulation of Retail Trade (LOCM) on a company belonging to the MEDIA MARKT group. Specifically, it was considered that the infringement provided for in Article 65.c) LOCM in relation to Article 14 of the same law, relating…

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The Supreme Court confirms the nullity of the Special Urban Plan for the organization of clubs and associations of Cannabis consumers in the city of Barcelona.

In its decree of April 22, 2021, the Supreme Court (TS) has rejected the appeal filed by the Barcelona City Council against the Sentence of the Superior Court of Justice of Catalonia (TSJC) nº 1627/2020 of June 2, by which the nullity of the aforementioned derivative planning instrument was declared null and void. The High…

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The Supreme Court allows the indirect challenge of an ordinance that regulates a subsidy on the grounds that the Strategic Subsidy Plan had not been previously approved.

The Supreme Court, in judgment number 306/2021, analyses the cases of indirect challenges to ordinances that regulate subsidies through the raising of a question of illegality, in a case in which a municipality in the Basque Country approves an ordinance that regulates subsidies for transport for visits to inmates in prisons, without first approving the…

The Supreme Court admits the indirect challenge of particular administrative clauses in two exceptional cases.

By means of judgement number 398/2021, of 22 of march, the Supreme Court has recognised the possibility of indirectly challenging the contract specifications, in contrast to what he had preached to date. The ruling analyses the case in which the company “Contenedores Escor Vitoria, SL” indirectly challenges the tender documents of a services contract because…