VUT moratorium in Valencia: the TSJCV sets limits and the EU adds a complexity layer
The Contentious-Administrative Chamber of the Valencia High Court of Justice (TSJCV) has analysed the moratorium imposed by the Valencian Government on new tourist licences. The judgment fixes important limits and raises the question of compatibility with the EU Services Directive 2006/123/EC.
The Valencia moratorium
The regional government imposed a temporary moratorium on the granting of new VUT licences in certain saturated tourist areas. Owners and associations challenged it.
The TSJCV's stance
- Moratoria are admissible only with rigorous motivation of overriding reason of general interest.
- They must be temporary and review-bound.
- They cannot be open-ended or block all new licences without distinction.
The EU complexity layer
The Services Directive 2006/123/EC and CJEU case-law (Cali Apartments, Société Cali Apartments and HX) require:
- The restriction must pursue an overriding reason of general interest.
- It must be proportionate and necessary.
- It must be non-discriminatory.
- The authorisation criteria must be objective, transparent, accessible and known in advance.
Practical impact
The TSJCV's line is reasonably restrictive of the regional power. Owners affected by the moratorium have grounds to challenge it.
Affected by the Valencia moratorium?
SALAMA LEGAL SLP analyses viability of challenge in light of EU law.
Sources
- 📜 TSJCV Judgment on the moratorium.
- 📜 Directive 2006/123/EC (Services).
- 📜 CJEU C-724/18 and C-727/18 (Cali Apartments).
FAQ
Does the case-law apply outside Valencia?
It is regional case-law, but the principles invoked (proportionality, motivation, Services Directive) apply across Spain.