The Supreme Court partially annuls the decree on driving schools

The Third Chamber of the Supreme Court has partially upheld, by a judgment of July 20, 2026, the contentious-administrative appeal filed by the National Commission on Markets and Competition (CNMC) against Royal Decree 1010/2023, of December 5, 2023, which amends the regulations for private driving schools and the General Driving Regulations. The operative part of the decision is published in the Official State Gazette (BOE) No. 224 of September 10, 2026, under reference BOE-A-2026-18908.

The appeal, registered under number 329/2024, targeted the royal decree adopted by the Ministry of the Interior and published in the BOE on December 6, 2023. The high court, meeting in Fifth Section, declared Article 1.21 of the decree null and void in the wording it gave to Article 48 ter of the regulations for private driving schools, specifically the paragraph stating that “the validity of the authorization shall expire upon the completion of training at the vocational training center.”

A contested reform on driver training

Royal Decree 1010/2023 was adopted to adapt the regulations to Royal Decree 174/2021, which establishes the title of Higher Technician in Training for Safe and Sustainable Mobility. This title qualifies individuals, in particular, to practice as a road training teacher or driving school director, replacing the previous mechanism based exclusively on certificates issued by the General Directorate of Traffic (DGT).

The reform introduced two new articles into the driving school regulations:

• Article 48 bis, which defines the specialist teacher with the Higher Technician title and the conditions for their practice;
• Article 48 ter, which governs the authorization to practice for this specialist teacher, the application procedure, and the required documents.

The annulled provision

The Supreme Court annulled, in Article 48 ter, the paragraph that subordinated the validity of the authorization to practice to the duration of the training at the vocational training center. This provision, contested by the CNMC in the name of free competition, tied the specialist teacher’s career to a single center, which could restrict professional mobility and market access.

The decision does not award any costs. The operative part was published in accordance with Article 72 of the Law on Contentious-Administrative Jurisdiction, and the resolution is final and without further appeal.

The judgment 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.

Impact on the driving school sector

This partial annulment clarifies the authorization regime for specialized instructors from the new Técnico Superior training, by removing a link deemed excessive between the authorization and a specific training center. For driving schools and road training professionals, the decision guarantees greater stability and mobility in the exercise of the activity, while keeping the remainder of the 2023 reform in force.

Official Reference: Judgment of July 20, 2026, of the Third Chamber of the Supreme Court, partially upholds the contentious-administrative appeal 329/2024 of the CNMC against Royal Decree 1010/2023. Published in the Official State Gazette, no. 224, of September 10, 2026, Sec. I, Page 120893 (BOE-A-2026-18908).