David Ordóñez-Solís

Judicial Ethics Commission (Madrid)
General Secretary

David Ordóñez-Solís is a Spanish senior judge, Doctor of Law, LL.M. Free University of Brussels (Institute of European Studies) and he belongs to European Commission’s Team Europe, the Judicial Spanish Network on European Law and he is the Secretary Executive of the Ibero-American Commission on Judicial Ethics. He has been Associate Professor and currently is developing an important teaching activity in postgraduate institutions and universities, giving lectures and directing traditional and online courses in Spain, Europe -Germany, France, Belgium, Netherlands, Portugal, Serbia and Bulgaria-, Africa (Algeria), Asia, Qatar, and Latin America -Argentina, Costa Rica, Dominican Republic, Bolivia, El Salvador, Panama, Paraguay and Uruguay-. Dr Ordóñez-Solís has written 16 legal books and more than one hundred articles in the best legal Spanish and European reviews. The subject-matter of his books regards the implementation of European Law, public procurement, judges and cosmopolitanism, State aids and judicial review. He has been awarded many prizes on Law research, especially on trade unions, European funds audit, competition, ethics and data protection rights.

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Articles

1883 Bulletin

David Ordóñez-Solís The Spanish Supreme Court reconsiders its position on the proportionality criteria in relation to private hire vehicle licenses in light of Articles 49, 102 and 107 of TFEU (Prestige / Limousine)

80

The Spanish Supreme Court has declared admissible an appeal in cassation against a judgment by the Madrid High Court of Justice concerning the conformity of its case-law on the criterion that limits private hire vehicle licences to one for every 30 taxi licences or fewer, in the light of (...)

David Ordóñez-Solís The Spanish High Court voids an agreement between the national government and a local authority to expand the terrestrial television network in rural areas on the grounds that it breached EU State aid rules (La Manche)

70

The Spanish National High Court declares that the agreement between the State and the Autonomous Community of Castile-La Mancha for the access to digital terrestrial television is void on the ground that it infringed the rules of EU law on State aid in the terms decided by the European (...)

David Ordóñez-Solís The Spanish High Court of Justice for Aragon rejects an appeal over a tax exemption for a regional tax on large retailers because the appellant does not satisfy the exemption (Aki Bricolaje Espana)

57

Aragón High Court of Justice dismisses the appeal against the assessment of the regional tax on large retail establishments in Aragon on the ground that what constituted State aid was the exemption for certain establishments but not in the case of the now appellant undertaking. Background & (...)

David Ordóñez-Solís The Spanish Supreme Court confirms that the rate of default interest for state aid recovery is that provided for in the European rules and not the interest rates stated in the tax laws for the repayment of undue revenue (Zayer)

15

The Spanish Supreme Court confirms the judgment of the Basque Country High Court of Justice which had held that the default interest to be paid by Zayer in order to restore his legal position prior to the recovery ordered by the decision annulled by judgment should be paid — and have been paid — (...)

David Ordóñez-Solís The Spanish Supreme Court dismisses appeal for administrative liability from the actions and omissions in the enforcement of the European Commission Decision 2002/820/EEC on recovery of unlawful state aid

20

The Supreme Court confirmed the judgment of the Vitoria Contentious-Administrative Court and the Chamber of the Basque Country High Court of Justice that had rejected the claim for administrative liability derived from the recovery actions for the aid declared illegal by the European (...)

David Ordóñez-Solís The Spanish Supreme Court, following a preliminary ruling by the EU Court of Justice, decides that a tax on large commercial establishments does not breach State aid rules because it is not sufficiently selective (IKEA)

49

The Supreme Court, after having raised the question for a preliminary ruling to the ECJ, dismisses the appeal against the Regulation of the Tax on Large Commercial Establishments of Asturias Background & facts of the case The tax on large commercial establishments in Asturias is not (...)

David Ordóñez-Solís The Spanish High Court of Justice for Galicia, in agreement with the court of first instance, finds that a ship manufacturer was not exempt from a real estate tax notwithstanding the application of a European State aid scheme (Navantia)

36

Galicia High Court of Justice considers that the real estate tax exemption in favour of Navantia should not be granted despite the application of the European State aid scheme. This judgment was reversed in cassation by the Supreme Court. Background & facts of the case According to (...)

David Ordóñez-Solís The Spanish High Court of Justice for Catalonia dismisses an appeal challenging the legality of a tax on large retailers on the grounds that some establishments are exempt and thus there is unlawful State aid (Alcampo)

67

Catalonia High Court of Justice dismisses the appeal against the assessment of the regional tax on large retail establishments on the ground that what constituted State aid is the exemption in favour of certain establishments but not in the case of the now appellant undertaking. Background (...)

David Ordóñez-Solís The Spanish Supreme Court, following a preliminary ruling by the EU Court of Justice, decides that a tax on large commercial establishments does not breach State aid rules

46

The Supreme Court, after having raised the question for a preliminary ruling to the Court of Justice, dismisses the appeal against the Regulation of the Tax on Large Commercial Establishments of Aragón Background & facts of the case The tax on large commercial establishments in Aragón is (...)

David Ordóñez-Solís The Spanish Supreme Court, following a preliminary ruling to the EU Court of Justice, dismisses an appeal against a tax on large commercial establishments because the selective criteria on which the tax is based does not breach EU State aid rules

71

The Supreme Court, after having raised the question for a preliminary ruling to the ECJ, dismisses the appeal against the Regulation of the Tax on Large Commercial Establishments of Aragón. Background & facts of the case The tax on large commercial establishments in Aragón is not contrary (...)

David Ordóñez-Solís The Spanish Supreme Court, following a preliminary ruling to the EU Court of Justice, dismisses an appeal against a tax on large commercial establishments on the grounds that taxes which discriminate on surface area or environmental considerations do not breach EU State aid rules

56

The Supreme Court, after having raised the question for a preliminary ruling to the ECJ, dismisses the appeal against the Regulation of the Tax on Large Commercial Establishments of Asturias Background & facts of the case The tax on large commercial establishments in Asturias is not (...)

David Ordóñez-Solís The Spanish Supreme Court upholds an appeal against a ruling which denied interim measures whilst the EU Commission investigated suspected illegal State aid (Astra Ibérica)

66

The Supreme Court upheld the cassation appeal against an order of the National Court that denied interim measures due to the obligations that derive for national judges from the initiation of a procedure by the European Commission concerning State aid. Background & facts of the case The (...)

David Ordóñez-Solís The Spanish Supreme Court annuls the regulation of tax on large commercial establishments of Catalonia insofar as it applies the exemption to collective commercial establishments with a surface area of more than 2,500m

28

The Supreme Court, after having raised the preliminary ruling of the EJC, annuls the Regulation of the Tax on Large Commercial Establishments of Catalonia insofar as it applies the exemption to collective commercial establishments with a surface area of more than 2,500 m2. Background & (...)

David Ordóñez-Solís The Supreme Court of Spain dismisses appeal for administrative liability attributed to actions and omissions in the enforcement of the European Commission Decision 2002/820/EEC for recovery of unlawful aid

25

The Supreme Court confirmed the judgment of the Vitoria Administrative Court and the Basque Country High Court of Justice that had rejected the claim for the administrative liability derived from recovery actions for the aid declared illegal by the European Commission. Background & facts (...)

David Ordóñez-Solís The Spanish Supreme Court suspends the procedure for the implementation of digital terrestrial television whilst the EU Commission examines the legality and the compatibility of its State aid with the internal market

59

The Supreme Court suspends the judicial procedure twice, taking into account the initiation by the European Union of the procedure provided for in art. 108.2 of the TFEU, to determine the eventual incompatibility of the National Transition Plan of DTT with the legality of the Union. Background (...)

David Ordóñez-Solís The Spanish High Court of Justice for Valencia revokes a temporary suspension granted against a State aid recovery decision (Institut Valencià de Finances / Hércules de Alicante Club de Futbol)

122

Valencia High Court of Justice revokes the interim measure of suspension granted by a Court of First Instance against a regional recovery decision based on a decision of the European Commission appealed to the General Court and from which the interim suspension had also been requested. (...)

David Ordóñez-Solís The Madrid Administrative Court of Spain dismisses the action against assessment of the works on buildings tax on the ground that the exemption claimed by a religious congregation constitutes unlawful state aid

24

Madrid Administrative Court, after having referred the matter to the ECJ for a preliminary ruling, dismisses the action against the refusal of the work on buildings tax exemption applicable to a religious congregation, the Piarists, on the ground that it constitutes unlawful aid and without (...)

David Ordóñez-Solís The Spanish Supreme Court annuls a judgement which held that the courts do not have jurisdiction to review decisions made using powers conferred by a Royal Decree which breaches EU State aid rules

49

The Supreme Court annuls the judgment of the Madrid High Court of Justice that declared its lack of jurisdiction to determine the non-application of the Royal Decree-Law 8/2014, of July 4 (equivalent and with the force of a law), concerning the national system of energy efficiency obligations (...)

David Ordóñez-Solís The Spanish Supreme Court annuls a decision by the Basque Country High Court of Justice and decides that a decision on recovery of illegal State aid is void because the parties were not given a hearing (Zayer)

53

The Spanish Supreme Court (Administrative Section) annuls the recovery of State aid because, although there is no specific procedure for recovering State aid contrary to Community law under Commission Decision 2002/820/EC, it cannot be carried out outright without a hearing of the person (...)

David Ordóñez-Solís The Spanish Supreme Court overturns a decision by the Basque Country High Court of Justice determining that a decision on recovery of illegal State aid is null because the parties were not given a hearing (Cementos Lemona)

38

The Spanish Supreme Court (Administrative Section) annuls the recovery of State aid because, although there is no specific procedure for recovering State aid contrary to EU law under Commission Decision C (2001) 1765 final, it cannot be carried out outright without a hearing of the person (...)

David Ordóñez-Solís The Spanish High Court of Justice for Galicia, in overturning a previous ruling, holds that the European State aid scheme is immaterial and that a shipbuilder cannot be liable for a real estate tax because it is a mere transferee of the land around which the dispute revolves (Navantia)

104

Galicia High Court of Justice refuses that the Navantia’s claim for a real estate tax exemption should be granted despite the application of the European State aid scheme. Background & facts of the case The previous judgment of the ECJ, Case C-522/13, Ministerio de Defensa y Navantia SA v (...)

David Ordóñez-Solís The Ferrol Administrative Court of Spain dismisses the action against the assessment of real estate tax on the ground that the exemption claimed by a shipping com on the ground that it constituted unlawful State aid (Navania)

30

Ferrol Administrative Court, having referred the matter to the ECJ for a preliminary ruling, dismissed the action against the municipal assessment of real estate tax which had not applied the exemption to Navantia on the ground that it constituted unlawful aid. Background & facts of the (...)

David Ordóñez-Solís The Spanish Supreme Court on appeal annuls a decision by the Basque Country High Court of Justice thereby nullifying a decision which sought to recover illegal State aid on the grounds that the affected parties were not given a hearing (Accesorios de Tuberías)

37

The Spanish Supreme Court (Administrative Section) annuls the recovery of State aid because, although there is no specific procedure for recovering State aid contrary to EU law under Commission Decision 2002/820/EC, it cannot be carried out outright without a hearing of the person concerned, (...)

David Ordóñez-Solís The Spanish Supreme Court on appeal overturns a decision by the Provincial Council of Álava which sought to recover illegal State aid on the grounds that the affected party was not given a hearing (El Coto de Rioja)

49

The Spanish Supreme Court (Administrative Section) annuls the recovery of State aid because, although there is no specific procedure for recovering State aid contrary to Community law under Commission Decision 2002/820/EC, it cannot be carried out outright without a hearing of the person (...)

David Ordóñez-Solís The Spanish Supreme Court annuls a decision ordering the recovery of State aid on procedural grounds, the concerned party was denied their constitutional right to be heard (Euro Fleet Cars)

28

The Spanish Supreme Court (Administrative Section) annuls the recovery of State aid because, although there is no specific procedure for recovering State aid contrary to Community law under Commission Decision 2002/892/EC, it cannot be carried out outright without a hearing of the person (...)

David Ordóñez-Solís The Spanish Supreme Court annuls a decision by the National High Court which refused interim measures after the EU Commission initiated proceedings in a State aid case (Astra Ibérica)

19

The Supreme Court annuls the refusal of the interim measures by an order delivered by the National High Court taking into account that it was based, in particular, after the opening, by the European Commission, of a procedure under the provisions of Article 108.3 Treaty on the Functioning of (...)

David Ordóñez-Solís The Spanish High Court of Justice for the Basque Country upholds the decision by local authority to try to recoup illegal State aid from a recycling centre (Beotibar Recycling / Diputación Foral de Vizcaya)

95

The Basque High Court confirms the legality of the decision to recover unlawful aid granted by the Provincial Authority of Biscay. Background & facts of the case The acts of recovery of aid at issue in the context of the implementation of an enforceable and final Community decision and, (...)

David Ordóñez-Solís The Spanish High Court holds that EU Union law governs the rules around interest to be paid on loans received as illegal State aid, forcing a steel producer to pay a compound interest rate (Celsa Atlantic)

38

The Spanish National High Court of Justice confirms the calculation of the interest made by the Spanish Administration and which Celsa Atlantic must pay for the repayment of unlawful and incompatible aid. Background & facts of the case The decision of the Commission of the European (...)

David Ordóñez-Solís The Spanish Supreme Court dismisses cassation appeal against State liability on existing State aid granted to a shipping company in the canary islands before the accession of Spain to the European Communities (Transmediterranea)

94

This judgment shows the difficulty of articulating a system of patrimonial responsibility for the application of the State aid scheme, especially when it comes from existing aid. Background & facts of the case The shipping company Fred Olsen claimed that Trasmediterránea’s behavior, made (...)

David Ordóñez-Solís The Spanish Supreme Court dismisses appeal in cassation made against court refusal to grant interim relief order for 28% corporation tax established by Provincial Decree 3/2007

40

The Supreme Court dismisses the appeal in cassation made against the judgment of the Basque Country High Court of Justice that denies the interim relief requested by the Autonomous Community of La Rioja in relation to the general tax rate of 28% of Corporation Tax established by Provincial (...)

David Ordóñez-Solís The Spanish High Court of justice of Asturias rejects a claim for administrative liability based on illegality of State aid granted to a canary islands travel company (Fred Olsen / Transmediterránea)

22

The National High Court refused a claim for financial liability brought by Fred Olsen, S.A. against the State for the unlawful aid granted to Trasmediterránea in the operation of the Los Cristianos-San Sebastián de la Gomera and Santa Cruz de Tenerife-Las Palmas de Gran Canaria Line. This (...)

David Ordóñez-Solís The Spanish Supreme Court annuls regulations on provincial income tax which granted holiday taxation due to failure of notification to the European Commission

44

The Spanish Supreme Court admitted the appeal lodged by the Federation of Employers of La Rioja against the special rules of the three Basque provinces which had been upheld in part at the instance by the Basque Country High Court of Justice (having annulled one article) and annulled some more (...)

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