Appeal to the TSJIB against specific modification 21 of Santa Eulària

The High Court of Justice of the Balearic Islands (TSJIB) has admitted for processing a contentious-administrative appeal against the Plenary Agreement of Santa Eulària des Riu dated May 28, 2026, by which the specific modification no. 21 of the municipality’s subsidiary norms was definitively approved. The announcement of the filing is published in the Official Gazette of the Balearic Islands (BOIB) no. 128, of October 10, 2026, Section IV. Judicial Proceedings, page 55100, insertion 10129.

The publication is made in compliance with Article 47.1 of the Law regulating contentious-administrative jurisdiction (LJCA), which requires the announcement of the filing of the appeal so that interested parties may appear. The litigation is being heard before the Contentious-Administrative Chamber of the TSJIB, based in Palma, and concerns the urban planning of the municipality of Ibiza.

An ordinary procedure on urban planning

The appeal is processed as an ordinary procedure and the declared subject matter is urban planning. The official case details are as follows:

• N.I.G.: 07040 33 3 2026 0000443
• Procedure: PO 0000503/2026
• Subject: urban planning
• Body: Contentious-Administrative Chamber of the TSJIB, Plaça del Mercat, 12, Palma (DIR3: J00001623)

The announcement was signed by the Administration of Justice lawyer Paula Cristina Juan Salvà in Palma, on October 5, 2026.

The appellants and the challenged agreement

The appeal was filed by Pedro Guasch Vidal and Pedro Guasch Ribas, represented by the court representative Juan Maria Cerdo Frias. The challenge is directed against the Plenary Agreement of the City Council of Santa Eulària des Riu of May 28, 2026, which definitively approved the specific modification no. 21 of the subsidiary norms, with correction of errors, published in BOIB no. 76, page 32896, of June 18, 2026.

Specific modification no. 21 affects the subsidiary norms currently in force in the municipality, the general planning instrument that regulates the urban and developable land of Santa Eulària des Riu.

Three previous publications in the BOIB

The challenged regulation has accumulated several publications and rectifications in the official gazette:

• June 18, 2026: BOIB no. 76, page 32896, correction of errors of the definitive approval agreement.
• August 6, 2026: BOIB no. 98, insertion 7879, pages 42844 to 42877, text of specific modification no. 21.
• August 22, 2026: BOIB no. 105, page 45722, insertion 8540, amendment of a transcription error in point 1.8 of Annex 2.

This last amendment rectified the classification and definitions of the global and detailed uses of article 5.2.02, which regulates residential, industrial, service, equipment, and communications and infrastructure uses, including the definition of vacation rentals.

What it implies for the municipality

The appeal opens the way for interested parties to appear in the contentious proceedings and defend their position regarding the planning. The resulting judicial resolution may condition the urban development planned for Santa Eulària des Riu, given that specific modification no. 21 regulates uses and activities with direct effects on licenses and projects in the municipality.

Source: Official Gazette of the Balearic Islands (BOIB), no. 128, October 10, 2026, Section IV. Judicial proceedings, p. 55100 (official reference: insertion 10129).