Operating the VUT while appealing the cancellation of the licence: how and how long

Published January 2026 · Reading time: 10 min · SALAMA LEGAL SLP · Jacob Salama, Lawyer ICAMALAGA 11.294

When a tourist licence is cancelled, an immediate question arises: «can I continue operating while I appeal?». The answer requires understanding the difference between immediate execution and precautionary suspension.

The general rule: immediate enforceability

Administrative acts are immediately enforceable (Article 39 LPAC). The cancellation, if final, prevents the activity.

The exception: precautionary suspension

It can be requested in the appeal itself (Article 117 LPAC) or, if the contentious-administrative route, in the writ (Article 130 LJCA). Granting it requires:

• Periculum in mora: irreparable damage by execution.
• Fumus boni iuris: appearance of good right.
• Balance of interests.

Strategy

1. File the appeal in time.
2. Request precautionary suspension expressly.
3. Document the economic damage of immediate cessation.
4. Document the appearance of good right (procedural defect, lapsing, etc.).
5. If the administrative appeal is denied, escalate to contentious-administrative with new suspension request.