Legal challenge against red tuna regulation: 9-day deadline to intervene

Key data

The red tuna and almadraba fishing sector faces a critical moment. Pesquerías de Almadraba, SA has filed administrative litigation case 481/2026 before the National Court to challenge the Royal Decree 362/2026, which modifies the regulation of red tuna fishery in the Eastern Atlantic and Mediterranean. The Directorate General for Sustainable Fisheries has published in the BOE of 14 October 2026 the summons so that any interested party can join the proceedings.

The deadline is short and admits no delay: 9 days from the day following publication in the BOE, that is, from 15 October 2026. Companies that do not intervene within that deadline are excluded from the proceedings and will not be able to defend their interests before the court.

What does this regulation establish?

This resolution does not modify the current regulation by itself. It is a procedural act: the Directorate General for Sustainable Fisheries publicly notifies that there is an ongoing legal challenge and calls on interested parties to intervene if they deem it appropriate.

The key elements of the proceedings are as follows:

• Challenged regulation: Royal Decree 362/2026, which modifies the regulation of red tuna fishery in the Eastern Atlantic and Mediterranean.
• Claimant: Pesquerías de Almadraba, SA.
• Competent body: National Court, Third Chamber for Administrative Litigation, First Section.
• Case number: 481/2026.
• Publication of summons: BOE of 14 October 2026.
• Deadline to appear: 9 days from 15 October 2026.

While the challenge is pending, Royal Decree 362/2026 remains in force. However, if the National Court upholds the challenge, it could annul the decree in whole or in part, which would alter the conditions for red tuna exploitation for the entire sector.

Economic and operational impact

The direct impact of this resolution is procedural, but its economic consequences can be very significant for the sector:

• If the court annuls RD 362/2026: red tuna fishing conditions in the Eastern Atlantic and Mediterranean would revert to the previous framework, which could affect quotas, capture methods, seasons or administrative requirements depending on what the challenged decree modifies.
• If the court confirms the decree: the current regulation is consolidated and companies that have not intervened will have lost the opportunity to influence the outcome.
• Cost of not acting: a company with legitimate interest that does not intervene within the 9-day deadline is excluded from the proceedings and cannot present its positions or appeal the judgment.
• Cost of acting: intervening requires legal assistance and procedural representation, with associated costs, but allows the company to defend its interests before the court.

The decision to intervene or not should be made with specialized legal advice in administrative and fisheries law, assessing the impact that RD 362/2026 has on each company's specific activity.

Who does it affect?

• Companies holding red tuna fishing licenses or quotas in the Eastern Atlantic or Mediterranean.
• Almadraba operations with activity in Spanish waters.
• Shipowners and fishermen's associations with interest in red tuna regulation.
• Processing or marketing companies whose activity depends on red tuna catch regulation.
• Trade associations in the tuna and almadraba sector.
• Any natural or legal person with legitimate interest in the content of Royal Decree 362/2026.

Practical example

A shipping company with an assigned red tuna quota in the Mediterranean believes that Royal Decree 362/2026 reduces its quota or tightens capture conditions in a way that directly affects its bottom line. When the summons is published in the BOE of 14 October 2026, it has 9 days (until approximately 24 October 2026, depending on business days) to intervene in case 481/2026 before the National Court.

If it intervenes, it will be able to present its arguments, provide evidence of the economic impact of the decree on its activity and, if necessary, appeal the judgment if the outcome is unfavorable. If it does not act within that deadline, it is excluded from the proceedings and must accept the outcome of the litigation without having been able to defend its position.

What should companies do now?

1. Identify if they have legitimate interest: assess whether Royal Decree 362/2026 directly affects their activity (quotas, capture methods, seasons, administrative requirements in red tuna fishery).
2. Act before the deadline expires: the 9-day deadline from 15 October 2026 is peremptory. Once that deadline passes, it is not possible to intervene in the proceedings.
3. Consult a specialized lawyer: the decision to intervene requires legal assistance. Contact a law firm with experience in administrative and fisheries law immediately.
4. Evaluate the procedural position: determine whether it is advisable to intervene as a claimant (supporting the challenge by Pesquerías de Almadraba, SA) or as a defendant (defending the validity of the decree), depending on each company's interests.
5. Monitor the proceedings: even if you do not intervene, monitor the progress of case 481/2026 to anticipate possible regulatory changes resulting from the judgment.

Official source

View complete regulation at 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-2026-21431