mmmm Obtains Final Ruling from the Spanish Central Administrative Court Which Upholds Overturn of Major Fine Levied by the Spanish Ministry of Development On An Advertising Firm

29 March 2010

The Central Administrative Court, the highest authority in these matters, requires that there be no possibility of a breach between the proven facts and the infringed legal rule, subject to fines, which applies. That is, there must be mandatory compliance with the Spanish principle of tipicidad (an act which, by its nature, constitutes an offence). The facts/acts and the applicable rule which has been violated and has resulted in a fine must fit properly together.

In order for the public administration to impose a fine, there must always be an adequate correlation (classification) between the declared facts and the finable applicable legal rule free of any degree of doubt or feasibility.

This facts in issue of this case are transferable and apply to all administrative sanctions which have become commonplace in recent years and will surely become more so in the near future. They also apply across various corporate fields and sectors.

In short, more and more often, public administrations are being held accountable, within reason, for the fines that they impose.

For further information, please contact Alex Ensesa: aensesa@mmmm.es