Justice annuls a 5,000 euro tourist fine in Oviedo

The Administrative Litigation Court No. 4 of Oviedo has annulled the fines of 3,000 and 2,000 euros —5,000 euros in total— imposed on C. Z. V. for tourism-related infractions. The Ministry of Presidency, Demographic Challenge, Equality and Tourism of the Principality of Asturias has ordered the execution of this judgment and its publication in the Official Gazette of the Principality of Asturias (BOPA) no. 206, dated October 23, 2026, through the Resolution of October 11, 2026 (code 2026-08388).

The resolution published this Friday in Section I, within the Other Provisions section, complies with the ruling issued on September 29, 2026, in summary proceeding 159/2026. The origin of the litigation is the Resolution of April 7, 2026, from the regional minister, which dismissed the appeal for reconsideration filed against the sanctioning agreement processed under case number SANC/2025/4747.

A sanction of two accumulated fines

The contested agreement imposed two fines on the appellant for tourism-related infractions, one of 3,000 euros and another of 2,000 euros, totaling the 5,000 euros finally annulled. The administrative resolution of April 2026 exhausted the prior administrative route by rejecting the reconsideration, which brought the matter before court no. 4 of the Administrative Litigation Section of the Oviedo Court of First Instance.

The judicial ruling does not assess the merits of the infraction, but rather the manner in which the Administration processed the procedure. The court considers that the administrative action was not in accordance with the law because a written statement of allegations submitted by the interested party was not processed.

The ruling: annulment and reversal of proceedings

The judgment fully upholds the appeal and contains three main pronouncements:

• It annuls the Resolution of April 7, 2026, of the Ministry of Presidency, Demographic Challenge, Equality and Tourism for not being in accordance with the law.
• It orders the reversal of proceedings so that the Administration may process the written statement of allegations submitted by C. Z. V..
• It does not impose the accrued costs on any of the litigating parties.

The Ministry now executes this ruling “on its own terms,” according to the text signed by minister Gimena Llamedo González, and expressly orders its publication in the regional gazette.

The execution process

The Resolution of October 11, 2026, is issued under Article 26 of Decree 20/97, of March 20, which regulates the organization and functioning of the Legal Service of the Principality of Asturias and establishes the procedures to be observed for the execution of final judicial resolutions.

With the annulment, the 5,000 euro fine is rendered void and file SANC/2025/4747 returns to the stage prior to the issuance of the sanctioning agreement. The Administration must admit and resolve the written allegations submitted by the interested party—which, according to the court, remained unanswered—before it can issue a new resolution on the case.

The published text occupies a single page of the BOPA and includes no personal data other than the initials of the appellant, in application of the anonymization rules customary in this type of announcement.

Why it matters

The resolution confirms that a procedural defect—failing to process the allegations of the party under investigation—is sufficient to void an already imposed financial penalty, without the need to discuss the existence of the infringement. For those sanctioned in tourism matters in Asturias, this criterion reinforces the requirement that the Ministry of Presidency, Demographic Challenge, Equality, and Tourism fully complete the hearing phase before resolving, and opens the door to appeals using the same argument in files where this step was omitted.

Source: Official Gazette of the Principality of Asturias, no. 206 of October 23, 2026, section I (Other Provisions), page 1 (official reference: 2026-08388).