Legal advice and representation for individuals and businesses challenging decisions of Spanish public authorities, including administrative appeals, judicial review and public authority liability claims.
At EBAN Abogados, we provide advice and representation in Administrative and Public Law matters involving individuals, professionals and businesses in their dealings with Spanish public authorities.
An administrative decision is not necessarily the final word. Where an act or decision of a public authority adversely affects a client’s rights or legitimate interests, we assess its legality, the available grounds for challenge and the appropriate procedure for seeking its review.
Our work includes both appeals and challenges before the administrative authorities themselves and subsequent representation before the Spanish Administrative Courts where judicial proceedings become necessary.
Administrative and Public Law
Administrative Acts and Decisions
Spanish public authorities make decisions every day that may directly affect the rights and legitimate interests of individuals and businesses.
When an administrative decision is unfavourable, it is important to examine both the substance of the decision and the procedure followed in reaching it.
Insufficient reasoning, incorrect interpretation of the law, procedural defects, evidential issues or failure to respect the rights of the interested party may provide grounds for challenging an administrative decision.
Time limits are particularly important. In Administrative Law, allowing an appeal period to expire may substantially restrict or prevent a subsequent challenge.
Administrative Appeals
Before proceedings can be brought before the courts, certain decisions may or must first be challenged before the relevant public authority.
We assist with the preparation and filing of administrative appeals and other procedures for the review of administrative decisions available under Spanish law.
Depending on the nature of the decision, this may include the Spanish procedures known as recurso de alzada and recurso potestativo de reposición, as well as other forms of administrative review.
An administrative appeal should not simply repeat arguments previously made. It provides an opportunity to identify precisely the legal grounds for challenging the decision and to develop an argument directed towards its amendment or annulment.
Where the administrative procedure does not resolve the dispute satisfactorily, we assess the possibility of bringing the matter before the Administrative Courts.
Judicial Review of Administrative Decisions
Administrative action in Spain is subject to judicial control by the Juzgados y Tribunales de lo Contencioso-Administrativo, the courts responsible for reviewing the legality of decisions and actions of public authorities.
We represent clients in proceedings seeking the annulment of administrative acts and decisions that are contrary to law and, where appropriate, recognition or restoration of the client’s individual legal position.
Preparing these proceedings requires examination of the complete administrative file, identification of the grounds of challenge, assessment of the available evidence and determination of the relief that can properly be sought from the court.
Where circumstances require immediate protection, we also consider applications for interim or precautionary measures intended to prevent enforcement of the administrative decision from depriving the judicial proceedings of their practical purpose.
Administrative Proceedings and Sanctions
Spanish public authorities have powers to impose administrative sanctions in a wide range of regulated activities.
We provide legal representation from the initial allegations and evidence stage through to challenges against the final sanction, both before the administrative authority and subsequently before the courts.
Depending on the case, we examine matters including the legal definition of the infringement, evidence, attribution of responsibility, proportionality of the sanction, limitation periods, expiry of proceedings and compliance with procedural safeguards.
Early legal advice can be particularly important, as it allows the defence to be properly developed from the beginning and preserves arguments that may subsequently be required in court.
Public Authority Liability
Under Spanish law, individuals and businesses may be entitled to compensation where they suffer damage as a consequence of the operation of public services and the legal requirements for public authority liability are satisfied.
The existence of damage does not in itself create an automatic right to compensation. Among other requirements, it is necessary to establish the existence and value of the loss, a legally sufficient causal connection with the activity of the public authority and that the injured party was not legally required to bear that loss.
We assist clients from the initial assessment of a potential claim through its preparation, filing and administrative determination.
Where the authority rejects the claim or awards insufficient compensation, we can assess and pursue a subsequent challenge before the Administrative Courts.
Damage Caused by Public Services
Public authority liability claims may arise in very different circumstances.
They may result from administrative action, the operation of public services, damage to property or other rights, accidents involving public infrastructure or other situations in which there is a legally relevant connection between the loss suffered and public activity.
Each case requires an individual assessment. It is particularly important to document the damage and preserve evidence from the outset in order to establish its existence, cause and consequences.
The applicable time limit must also be considered carefully, as claims against public authorities are subject to specific limitation rules.
Businesses and Public Authorities
Businesses regularly interact with public authorities and regulatory bodies.
Licences, permits, inspections, sanctions and other administrative decisions may directly affect the operation of a business.
As a multidisciplinary law firm, we can consider these matters together with their commercial, employment, tax and financial consequences.
Where a dispute ultimately requires court proceedings, we maintain continuity between the initial legal advice, the administrative procedure and subsequent representation before the Administrative Courts.
Administrative Lawyers in Spain
At EBAN Abogados, we advise and represent individuals and businesses in disputes and proceedings involving Spanish public authorities.
Our involvement may begin during the administrative procedure itself, continue through the appropriate administrative appeals and, where necessary, extend to judicial proceedings before the Spanish Administrative Courts.
We also assess and pursue public authority liability claims for damage resulting from the operation of public services.
Initial consultations are free of charge. Before taking action, we examine the administrative decision or file, the applicable time limits and the available grounds for challenge or compensation.
Public authorities are subject to the law. When an administrative decision adversely affects rights or legitimate interests, there are legal procedures for challenging it and, where necessary, bringing it before the courts.
EBAN Abogados
Administrative Law · Administrative Appeals · Judicial Review · Public Authority Liability
