The Supreme Court annuls article 10.b of the maritime navigation regulations

The Third Chamber of the Supreme Court has upheld the contentious-administrative appeal filed by Fundación Proa (Proactiva Open Arms) and has declared article 10, letter b), of the Maritime Navigation Management Regulations approved by Royal Decree 186/2023, of March 21, null and void as a matter of law. The judgment, dated September 8, 2026, is published in the Official State Gazette (Boletín Oficial del Estado) no. 279, of November 9, 2026, Sec. I, page 150753 (reference BOE-A-2026-23386), and imposes the costs of the proceedings on the defendant Administration.

The ruling was issued in contentious-administrative appeal 1/614/2023, resolved by the Third Section of the Third Chamber. The challenged regulation was approved at the Council of Ministers meeting on March 20, 2023, at the proposal of the Minister of Transport, Mobility and Urban Agenda, with the prior approval of the Minister of Finance and Civil Service and having heard the Council of State, and was published in the Official State Gazette no. 69, of March 22, 2023 (reference BOE-A-2023-7410).

The regulation develops the vessel clearance regime based on article 18 of Law 14/2014, of July 24, on Maritime Navigation, and establishes four modalities: general regime clearance via a responsible declaration, clearance via express authorization, simplified clearance, and self-clearance. The royal decree repealed, among other regulations, Royal Decree 1119/1989, Royal Decree 394/2007, and the Order of January 18, 2000, which approved the Regulations on Vessel Clearance.

The rule requiring permission from destination authorities

Article 10 of the regulation is titled “Case of express authorization for the clearance of private vessels and boats intended for maritime search and rescue” and subjected those vessels flying the Spanish flag and under private ownership to a unique clearance regime via express authorization from the Director General of the Merchant Marine.

Within that provision, letter b)—the only one annulled—added an additional requirement: when the purpose of the clearance was navigation outside Spanish maritime spaces, the shipowner had to attach “express authorization granted by the authorities responsible for the destination search and rescue regions.”

The judgment declares the nullity as a matter of law only of that letter b), such that letters a) and c) of the same article remain in effect: the submission of the documentation in article 11 and the maintenance of clearance conditions in subsequent voyages, always conditioned on compliance with international regulations regarding maritime search and rescue.

Costs, publication, and content of the ruling

The operative part contains four rulings:

• Uphold contentious-administrative appeal no. 614/2023 against letter b) of article 10 of the regulation.
• Declare the absolute nullity of said letter b).
• Impose the costs of the proceedings on the defendant Administration, “within the limit set in the final legal ground.”
• Order the publication of the ruling in the Official State Gazette, pursuant to article 72.2 of the law regulating the contentious-administrative jurisdiction, and insert the resolution into the legislative collection.

The text inserted in the gazette reproduces the operative part and the signature of the Chamber, but not the legal grounds; therefore, the exact limit of the costs does not appear in the official publication.

Composition of the Chamber

The ruling is signed by the president José Manuel Bandrés Sánchez-Cruzat and the magistrates:

• Eduardo Calvo Rojas
• Diego Córdoba Castroverde
• José Luis Gil Ibáñez
• Berta María Santillán Pedrosa
• Juan Pedro Quintana Carretero
• Margarita Beladiez Rojo

The decision directly affects privately owned fleets dedicated to maritime search and rescue, including those of humanitarian entities operating under the Spanish flag, and the shipowners of those vessels, who will no longer be required to provide prior permission from the authorities of the destination rescue regions to clear their ships for departure from Spanish waters. The absolute nullity removes this requirement from the legal system, although the 2023 regulation remains in force in the rest of its articles and maintains intact the general clearance regime applicable to the merchant navy and recreational vessels with commercial activity.

Source: Official State Gazette, no. 279, of November 9, 2026, Sec. I, page 150753 (official reference: BOE-A-2026-23386).