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…

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…

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…

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…

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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 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.

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

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

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