Key data
| Regulation | Resolution of 10 June 2026, from the General Directorate of the Maritime Authority — Summons in administrative litigation 1/38/2026 |
|---|---|
| Official Gazette Publication | 29 June 2026 |
| Entry into force | 29 June 2026 |
| Deadline to appear | 9 days from publication in the Official Gazette (counting from 29/06/2026) |
| Challenged regulation | Royal Decree 1188/2025, of 26 December (modifies Maritime Authority regulations) |
| Judicial body | Supreme Court, Third Chamber, Third Section |
| Case number | 1/38/2026 |
| Challengers | Association of SMEs in Nautical Activities of the Balearic Islands and Association of Diving Centers of the Balearic Islands |
| Category | Regulatory Changes |
| Year | 2026 |
Two associations from the nautical and diving sector in the Balearic Islands have taken the Royal Decree 1188/2025, of 26 December, directly to the Supreme Court. The administrative litigation case 1/38/2026 has already been admitted to the Third Chamber, Third Section, and the General Directorate of the Maritime Authority has published in the Official Gazette the summons to all legitimate interested parties.
The deadline is 9 calendar days from publication in the Official Gazette (29/06/2026). If your business operates under the Maritime Authority regulations that this Royal Decree modifies, this summons affects you directly.
What does this regulation establish?
The Resolution of 10 June 2026 from the General Directorate of the Maritime Authority is a judicial summons: a formal notice published in the Official Gazette so that any natural or legal person with a legitimate interest in the challenged regulation can appear in the process before it is too late.
The substance of the matter is the Royal Decree 1188/2025, of 26 December, which modifies Maritime Authority regulations. Two associations from the nautical and diving sector in the Balearic Islands believe that this regulation harms them and have filed a challenge with the Supreme Court:
- Association of SMEs in Nautical Activities of the Balearic Islands
- Association of Diving Centers of the Balearic Islands
The summons does not prejudge the outcome of the challenge. It simply opens a window of 9 days for other affected parties to join the process as an interested party, either to support the challenge or to defend the challenged regulation.
If you do not appear within that deadline, the process will continue without you and the judgment will bind you equally, without having been able to argue anything.
Economic and operational impact
The direct economic impact of this resolution is not a fee or a penalty: it is the risk of losing procedural rights with real economic consequences.
If the Supreme Court annuls all or part of Royal Decree 1188/2025, the rules of the game for the nautical and diving sector will change again. Those who have appeared in the process will have been able to:
- Submit arguments that protect their business model.
- Provide evidence about the economic impact of the regulation on their activity.
- Influence the scope of the eventual annulment judgment.
- Be notified of all resolutions in the process.
Those who do not appear within 9 days will be excluded from the process. If the judgment modifies the operating conditions of the sector, they will not have had a voice in that decision.
The cost of appearing (attorney and solicitor fees before the Supreme Court) is significantly lower than the cost of being affected by a judgment without having been able to intervene.
Who does it affect?
- Companies and self-employed individuals operating in recreational or professional nautical activities regulated by the Maritime Authority.
- Diving centers and underwater activity companies.
- Nautical schools, boat rental companies and charter operators.
- Sports ports and marinas with activity regulated under Maritime Authority regulations.
- Sectoral associations in the nautical or maritime field with an interest in Royal Decree 1188/2025.
- Any natural or legal person whose rights or legitimate interests are linked to the regulations modified by RD 1188/2025.
Practical example
A boat rental company in Mallorca operates under the technical and qualification requirements established by Maritime Authority regulations. Royal Decree 1188/2025 modifies some of those requirements, forcing it to adapt its fleet or procedures.
The company believes that these changes generate disproportionate costs. Upon seeing the summons published in the Official Gazette on 29 June 2026, it has 9 days to consult a specialized attorney, grant power of attorney to a solicitor and file a notice of appearance before the Third Chamber of the Supreme Court.
If it does so, it will be able to argue in the process and the judgment will take its situation into account. If it does not act within that deadline, the challenge will proceed without it and the judgment will affect it equally, but without having been able to defend its interests.
What should companies do now?
- Evaluate whether RD 1188/2025 affects your activity: Review whether your company operates under Maritime Authority regulations that this Royal Decree modifies. If you have doubts, consult your legal advisor immediately.
- Act before the 9-day deadline expires: The deadline starts on 29 June 2026. Do not wait until the last day: procedures before the Supreme Court require qualified attorneys and solicitors.
- Contact a specialized attorney in maritime law or administrative litigation: Appearing before the Supreme Court requires professional representation. Look for one with experience in challenges against Maritime Authority regulations.
- Consider whether to appear as an interested party or as a supporting party: You can defend the regulation (if it benefits you) or support the challenge (if it harms you). Your attorney will guide you on the most appropriate position.
- Follow the development of case 1/38/2026: Even if you do not appear now, the judgment can change the rules of your sector. Monitor the process to anticipate operational changes.
Frequently asked questions
What is the exact deadline to appear in the challenge against RD 1188/2025?
The deadline is 9 days from publication in the Official Gazette, which took place on 29 June 2026. After that deadline expires without appearing, the opportunity to intervene in the judicial process is permanently lost.
What happens if I do not appear within the 9-day deadline?
The administrative litigation case 1/38/2026 will continue its proceedings before the Third Chamber, Third Section of the Supreme Court without your participation. The judgment that is issued will bind you equally, even though you have not been able to argue or present evidence in defense of your interests.
Who has filed the challenge against Royal Decree 1188/2025?
The challenge has been filed by the Association of SMEs in Nautical Activities of the Balearic Islands and the Association of Diving Centers of the Balearic Islands. Both challenge Royal Decree 1188/2025, of 26 December, which modifies Maritime Authority regulations.
Before which court must I appear and how?
You must appear before the Third Chamber, Third Section of the Supreme Court, within the framework of case 1/38/2026. Appearing before the Supreme Court requires qualified attorneys and solicitors. It is not possible to act without professional representation in this type of proceedings.
What regulation is being challenged exactly?
The Royal Decree 1188/2025, of 26 December, which modifies Maritime Authority regulations, is being challenged. The summons resolution does not detail the specific articles being challenged; to know the exact scope of the challenge, it is necessary to consult the court file or the full text of the challenge.
Official source
Consult complete regulation in official source
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-14099