The Supreme Court annuls part of the decree regulating driving schools

The Third Chamber (Fifth Section) of the Supreme Court issued a ruling on July 20, 2026, partially upholding the contentious-administrative appeal filed by the National Commission on Markets and Competition (CNMC) against Royal Decree 1010/2023, of December 5, which modifies the regulations for private driving schools. The ruling, published in the Official State Gazette (BOE) on September 10, 2026, declares Article 1.21 of the regulation null and void in the wording given to Article 48.ter of the Regulations for Private Driving Schools (REPC).

The judgment, with reference BOE-A-2026-18908, is part of appeal 01/329/24 and does not impose court costs. Specifically, the court annuls the paragraph stating that “the validity of the authorization shall expire upon the completion of training at the vocational training center,” a point that the CNMC considered contrary to free competition in the driving school sector.

The contested decree and its context

Royal Decree 1010/2023, of December 5, from the Ministry of the Interior, was published in the BOE on December 6, 2023. The regulation modifies two regulatory texts:

• the Regulations governing private driving schools, approved by Royal Decree 1295/2003, of October 17;
• the General Regulations for Drivers, approved by Royal Decree 818/2009, of May 8.

The reform sought to adapt the regulation to Royal Decree 174/2021, of March 23, which establishes the title of Higher Technician in Training for Safe and Sustainable Mobility. The objective was to allow those who obtained this qualification to practice as a teacher or director of road safety training, integrating the new qualification into the professional flow of road safety training.

The scope of the annulment

Article 48.ter of the REPC, in the wording provided by the decree, conditioned the validity of the centers’ authorization on the completion of training at the vocational training center. The Supreme Court declares that paragraph null, which eliminates the link between the authorization and the duration of the formal training.

The judgment was signed by the magistrates:

• Carlos Lesmes Serrano (President);
• Wenceslao Francisco Olea Godoy;
• José Luis Quesada Varea;
• María Consuelo Uris Lloret;
• María Concepción García Vicario;
• Francisco Javier Pueyo Calleja.

Effects for the driving school sector

The annulment directly affects private driving schools, as the validity of their authorization is no longer conditional upon the completion of training at a vocational training center. The ruling, against which there is no appeal, is incorporated into the legislative collection, and its operative part is published in the BOE in accordance with Article 72 of Law 29/1998, of July 13, regulating Contentious-Administrative Jurisdiction.

The resolution represents a partial adjustment of the 2023 reform, maintaining the rest of the decree’s modifications in force, and reinforces the position of the CNMC in defending competition within the field of road safety training.

Official source: Judgment of July 20, 2026, of the Third Chamber of the Supreme Court, published in BOE no. 224, of September 10, 2026, Sec. I, page 120893 (reference BOE-A-2026-18908).