The Supreme Court has ruled that a judicial action cannot be rejected due to a lack of exhaustion of the previous administrative procedure when the contested act consisted of a presumed resolution by the Administration (Supreme Court Judgment nº. 280/2023, of March 7, 2023).

Through the Judgment dated March 7, 2023 (appeal 3069/2021), the Supreme Court (TS) has resolved a cassation appeal regarding the admissibility of a contentious-administrative recourse, even when the previous administrative procedure have not been exhausted, when the contested act consists of a presumed resolution by the Administration, and, therefore, the citizen did not have the…

The Supreme Court specifies its jurisprudence regarding the extension of the effects of final judgments provided for in Article 110 of the Law on Contentious-Administrative Jurisdiction (Supreme Court Judgment nº 1050/2022, July 20th).

The Supreme Court has ruled in the judgment number 1050/2022, July 20th, on the extension of the effects of final judgments provided for in article 110 of Law 19/1998, of July 13th, regulating contentious-administrative jurisdiction (hereinafter, LJCA). In the specific case, the appellant –a teacher hired as a temporary professor in the public school–had requested…

The Supreme Court declares that it is admissible for the judgment to terminate the proceedings by declaring the supervening loss of the subject matter, without having previously heard the parties, when the scope of the supervening circumstance has been the subject of procedural debate.

The Supreme Court has ruled, in judgment 1072/2021, of 21 July, on the possibility of declaring the termination of legal proceedings due to the supervening loss of the object when, although this cause has been raised, the supervening circumstance has been the subject of a full procedural debate that has allowed the parties to pronounce…

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…

Tag Archives: «contentious-administrative proceedings»

The Supreme Court has ruled that a judicial action cannot be rejected due to a lack of exhaustion of the previous administrative procedure when the contested act consisted of a presumed resolution by the Administration (Supreme Court Judgment nº. 280/2023, of March 7, 2023).

The Supreme Court specifies its jurisprudence regarding the extension of the effects of final judgments provided for in Article 110 of the Law on Contentious-Administrative Jurisdiction (Supreme Court Judgment nº 1050/2022, July 20th).

The Supreme Court declares that it is admissible for the judgment to terminate the proceedings by declaring the supervening loss of the subject matter, without having previously heard the parties, when the scope of the supervening circumstance has been the subject of procedural debate.

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