The Supreme Court annuls part of the driving schools decree

The Third Chamber (Fifth Section) of the Supreme Court has partially upheld the contentious-administrative appeal filed by the National Commission on Markets and Competition (CNMC) against Royal Decree 1010/2023, of December 5, which reformed the regulations for private driving schools. The ruling, dated July 20, 2026, is published in the Official State Gazette (BOE) on September 10, 2026, and declares one of the provisions of the regulation null and void.

Royal Decree 1010/2023, published in the BOE on December 6, 2023, modified the Regulatory Regulations for private driving schools, approved by Royal Decree 1295/2003, and the General Regulations for Drivers, approved by Royal Decree 818/2009. The regulation adapted the rules to the title of Higher Technician in Training for Safe and Sustainable Mobility, created by Royal Decree 174/2021, recognizing its graduates as qualified to practice as teachers or directors of driving schools.

The ruling

The Supreme Court partially upholds appeal 329/2024 from the CNMC and declares Article 1.21 of Royal Decree 1010/2023 null and void, in the wording given to Article 48 ter of the Regulations for private driving schools. Specifically, it annuls the paragraph stating that “the validity of the authorization shall expire upon the completion of the training at the vocational training center.”

The judgment does not impose court costs. No further appeal is possible against it, and its operative part is published in the BOE in accordance with Article 72 of the Law on Contentious-Administrative Jurisdiction.

The annulled provision

Article 48 ter regulated the authorization to practice for specialist teachers holding the title of Higher Technician in Training for Safe and Sustainable Mobility. This authorization qualifies them to teach the professional modules of Driving Techniques and Didactics of Practical Driving Instruction within the training cycle.

The annulled paragraph conditioned the validity of the authorization to the duration of the training at the vocational training center, a point that the court considers contrary to law and which is now without effect.

The CNMC appeal

The CNMC appealed Royal Decree 1010/2023 believing that several of its provisions violated competition regulations and the regulation of the road training sector. After examining the appeal, the court has accepted only the challenge relating to the expiration of the authorization for specialist teachers, dismissing the remaining claims.

The resolution was signed by magistrates Carlos Lesmes Serrano (president), Wenceslao Francisco Olea Godoy, José Luis Quesada Varea, María Consuelo Uris Lloret, María Concepción García Vicario, and Francisco Javier Pueyo Calleja.

The ruling has direct effects on the driving school and road safety training sector, as it clarifies the validity regime for specialist teaching authorizations. For the training centers and affected professionals, it means that the authorization to practice is not automatically extinguished upon completion of training at the center, a criterion that must be taken into account in the application of the regulation.

Source: Official State Gazette, no. 224, September 10, 2026, Sec. I, page 120893 (official reference: BOE-A-2026-18908).