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…

The Court of Justice of the European Union justifies the exclusion of the legal services from the scope of the Directive on Public Procurement.

The CJEU solves a preliminary ruling given in response to a request from the Constitutional Court of Belgium willing to clarify if the article 10, letters c and d, subsection i), ii) and v) of the Directive 2014/24/UE on public procurement is compatible with de principle of equality and subsidiarity and the articles 49 and…

The Supreme Court considers it illegal to prohibit the establishment of housing for tourist use in certain areas of the Canary Islands because it violates the principles of necessity and proportionality established in the Market Unity Guarantee Act, as well as the Services Directive and the Law on free access to service activities and the exercise thereof.

In the judgment of 12 December 2018 (Ar. RJ\2018\5689), the High Court analyses whether the regulation of housing for tourist use in the Canary Islands is sufficiently justified and, more specifically, the restriction of uses contained in Article 3.2 of Decree no. 113/2015, of 22 May 2015, enacting the Canary Islands Holiday Rental Property Regulations…

The SC confirms that in the framework of a compulsory expropriation procedure, the expropriating Administration cannot desist from the expropriation already initiated once the fair price has been determined in the administrative way

The Supreme Court, in its ruling of July 10, 2018, declared that the determination of the expropriation price in the administrative way determines the inability of the expropriating Administration to desist from the expropriation initiated. Now, in emergency proceedings – in which the occupation is prior to the fixing of the fair price – the…

The Supreme Court declares that a competitor has legal standing to challenge the authorisation of a chemical product which does not comply with EU legislation

The Supreme Court (SC) has held that it is “more than obvious” that the holder of a plant protection product authorisation (in the specific case metalaxyl) has legal standing to challenge the authorisation of a chemical product granted to a competing company. The reason given was that the competing industry had provided documentation essential for…