Supreme Court Annuls Article of Maritime Navigation Regulation: What Changes for NGOs and Operators

Key data

Article 10.b of the Maritime Navigation Regulation has been removed from the legal system. The Third Chamber of the Supreme Court, in its ruling of September 8, 2026, grants the administrative litigation appeal filed by Fundación Proa (Proactiva Open Arms) and declares the absolute nullity of said provision, approved by Royal Decree 186/2023, of March 21.

The publication of the ruling in the BOE, in accordance with Article 72.2 of the Administrative Litigation Jurisdiction Act, grants it general effectiveness against all: not only against the parties to the litigation, but against any person, entity or organization that could have been subject to that article.

What does this ruling establish?

The ruling resolves a direct challenge against a government regulation. This type of challenge, known as administrative litigation against general provisions, allows regulatory norms to be annulled when they violate the law or fundamental rights.

The concrete result is the absolute nullity of Article 10.b of the Maritime Navigation Regulation. In legal terms, this means that:

• The article is considered non-existent from its approval in March 2023, not only from the publication of the ruling.
• Any administrative act issued under that article lacks legal basis.
• The effectiveness of the ruling is erga omnes (against all), upon publication in the BOE in accordance with Article 72.2 of the Administrative Litigation Jurisdiction Act.
• The General Administration of the State assumes the court costs of the proceedings.

The context of the appeal indicates that Article 10.b may have restricted or conditioned maritime rescue operations by non-governmental entities, which motivated the challenge by Fundación Proa (Proactiva Open Arms), an organization dedicated to rescuing people at sea.

Economic and operational impact

Although this ruling does not set direct economic amounts for private companies, it has relevant operational and legal consequences:

• Maritime rescue NGOs: elimination of a regulatory restriction that conditioned their operations. Activities carried out since 2023 under that framework could be subject to review or claims.
• General Administration of the State: assumes the court costs of the litigation and must review administrative acts issued under the annulled Article 10.b.
• Non-governmental maritime navigation operators: recover an operational framework without the restriction imposed by Article 10.b since March 2023.
• Possible retroactive claims: given that nullity operates from the origin, any sanction, limitation or denial based exclusively on that article could be challengeable.

Who does it affect?

• Maritime rescue NGOs and foundations that operate vessels in waters under Spanish jurisdiction or in missions based in Spain.
• General Administration of the State and its dependent organizations in maritime navigation matters (Ministry of Transport, Mobility and Urban Agenda, Maritime Rescue).
• Non-governmental vessel operators whose activities had been conditioned by Article 10.b of the Regulation.
• Legal advisors and law firms specialized in maritime law and administrative law managing files related to this regulation.
• Entities that received sanctions or limitations based on Article 10.b between March 2023 and November 2026.

Practical example

A maritime rescue NGO that between 2023 and 2026 had an operating authorization denied, or received an administrative sanction, based exclusively on Article 10.b of the Maritime Navigation Regulation, now finds itself in a solid legal position to challenge that resolution.

Since the nullity is absolute and has retroactive effects from the origin (March 2023), the administrative act that applied that article lacks legal basis. The organization could file a review appeal or request ex officio review by the General Administration of the State, which is also the party condemned to pay costs in this proceeding.

Similarly, any non-governmental vessel operator that had adapted its operational procedures to comply with that article can now review whether those adaptations remain necessary or if they generated recoverable costs.

What should organizations do now?

1. Review whether sanctions or denials based on Article 10.b were received between March 2023 and November 2026. If so, consult with a specialist in maritime administrative law about the viability of challenging them.
2. Verify current operational procedures to check if any were modified exclusively to comply with the annulled Article 10.b. If so, those restrictions no longer have legal basis.
3. Document any costs or damages resulting from the application of Article 10.b during its validity, for possible patrimonial claims against the Administration.
4. Consult the complete ruling in the BOE to identify the exact scope of the nullity declared and whether there are additional rulings affecting other provisions of the same Regulation.
5. Update internal compliance protocols by removing any reference to Article 10.b of Royal Decree 186/2023 as a current obligation.

Official source

Consult complete regulation in official source

Notice: This article is purely informational in nature 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-2026-23386