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…

The Supreme Court limits the scope of the urban planning competence of local councils with regard to the regulation of housing for tourist use

In its judgment no. 1550/2020 of 19 November, the Supreme Court has ruled on the scope of the urban planning competence of local councils with regard to the regulation of housing for tourist use in general urban development plans, when the exercise of this competence restricts the freedom of enterprise and the freedom to provide…

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…