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 by virtue of which a subsequent administrative resolution related to the same tender was left without effect.
In its decision of 23-01-2020, the Administrative Chamber of the Supreme Court overturned another decision of the Cantabrian High Court of Justice, in which it was agreed to reject the claim for economic administrative liability made by the appellant in relation to the damage caused by the uselessness of the expenses incurred in order to file for the aforementioned tender. In this context, the SC agrees to uphold the appeal in cassation and also the appeal for judicial review against the administrative rejection of the aforementioned claim, According to the SC, unlike what the defendant Administration raised, the action of the legislator did not cause the rupture of the causal link of the economic liability of the Administration that had annulled the act.