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Administrative apeal filed, but no responde from the spanish administration: When can you go to Court?

9 September, 2026

A recent judgment of the Spanish Supreme Court (STS 959/2026, 21 July) confirms an important principle of Spanish administrative law:

👉 If the Administration has not issued and validly notified an express decision, the mere passage of time does not necessarily prevent the person concerned from bringing proceedings before the courts.

In this case, almost ten years had passed. The Supreme Court nevertheless held that the claim was not time-barred because the decision had not been validly notified.
The Administration cannot benefit from its own failure to act.

This is particularly relevant when an administrative appeal has been filed in Spain and the Administration remains silent for months or even years.
STS 959/2026, 21 July 2026 (Appeal No. 5003/2023).

 

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