Cuatrecasas advises Plenergy on Supreme Court
Cuatrecasas has advised Plenergy Grupo, S.L. on a recent ruling by the Spanish Supreme Court recognising the possibility of challenging responses issued by the Directorate-General for Roads to “prior viability consultations” before the administrative courts.
Under Article 70.9 of the General Roads regulation, these consultations allow the Administration to assess the legal and technical feasibility of granting authorisation for road access to petrol stations prior to a formal application.
The ruling supports Cuatrecasas’ position and departs from previous criteria adopted by several High Courts, which had denied their challengeability.
The team
The Cuatrecasas team included Julio Brasa and Alberto Cortegoso (Public Law), and Elicia Rodríguez (Cassation and Special Appeals).
