New judgement of the Supreme Court about the principle of equality and the gender impact report in the processing of urban planning. STS 176/2022, of 11 February.

The Supreme Court has pronounced, in this judgement number 176/2022, of 11 February, about the application of article 65.1 of Law 29/1998, of 31 July, regulating contentious-administrative jurisdiction in relation to a case linked to the principle of equality in matters of urban planning and the requirement of a gender impact report. In fact, in…

The Supreme Court upholds a claim of judicial error filed by Pareja & Associats against the Orders of the Contentious Administrative Chamber of the High Court of Justice of Catalonia in the execution of a judgment of the same Chamber, regarding the expropriation of a property in the municipality of Martorell. Supreme Court Decision no. 392/2020 of 13 May.

In its recent Decision No. 392/2020 of 13 May, the Second Section of the Contentious-Administrative Chamber of the Supreme Court (TS) has upheld a claim for the declaration of a judicial error filed against the Orders of 13 December 2017 and 4 April 2018, dictated by the Second Section of the Contentious-Administrative Chamber of the…

The coercive detention of persons for the purpose of enjoining them to adopt measures to improve ambient air quality can be ordered only if a national legal basis which is sufficiently accessible, precise and foreseeable in its application exists to that end and if the detention is proportionate.

Preliminary ruling referred by the Higher Administrative Court of Bavaria to the Court of Justice of the European Union (CJEU), to seek if the national courts have the faculty to impose coercive detentions to national authorities who refuse to comply with a judicial decision that compel them to run the obligations imposed by the European Union law….

The Supreme Court recognizes the patrimonial responsibility of the Legislator State in relation to the Tax on the Increase in Value of Urban Land

The Supreme Court grants the judicial review proceedings regarding administrative action filed against a resolution of the Cabinet of Ministers that rejected the claim of patrimonial responsibility of the Legislator State in relation to the Tax on the Increase in Value of Urban Land (increase in value) after the Constitutional Court Decision No. 59/2017, of…

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…

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New judgement of the Supreme Court about the principle of equality and the gender impact report in the processing of urban planning. STS 176/2022, of 11 February.

The coercive detention of persons for the purpose of enjoining them to adopt measures to improve ambient air quality can be ordered only if a national legal basis which is sufficiently accessible, precise and foreseeable in its application exists to that end and if the detention is proportionate.

The Supreme Court recognizes the patrimonial responsibility of the Legislator State in relation to the Tax on the Increase in Value of Urban Land

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

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