The decision was made public during the Cibeles plenary session, in response to a question posed by a councilor. According to the mayor, the Consistory will act in accordance with the criteria of the municipal legal services, which have endorsed the viability of the appeal.
“"We are going to do what the legal services tell us. We asked them if there were grounds, and they told us yes."
The mayor justified the appeal on two main grounds: the defense of the work carried out by municipal officials in processing the ordinance, and the existence of legal reasons that, in his opinion, support taking the case to the high court.
The annulment of the fee was issued by the Superior Court of Justice of Madrid, which pointed to a “strictly formal” defect in the processing of the regulation, specifically related to a lack of documentation. In light of this, the mayor maintained that the file was prepared “correctly” and that there are sufficient arguments for its review in cassation.
Regarding the potential refund of collected taxes, the Madrid mayor stated that the City Council would act in accordance with the law and the ruling itself. He recalled that regulations limit refunds for annulled general provisions and that amounts are not to be reimbursed in cases where administrative acts are already final.
“"When acts are final in administrative proceedings, no refund is possible."
He added that the ruling itself stipulates that situations not subject to appeal cannot be reviewed.
