Key data
| Regulation | Judgment of October 6, 2026, Third Chamber of the Supreme Court, which annuls Royal Decree 905/2025, of October 7 |
|---|---|
| Publication in BOE | October 23, 2026 |
| Date of judgment | October 6, 2026 |
| Appellant | Máster del Conocimiento, SL |
| Condemned in costs | State (State Attorney), limit €6,000 |
| Effects | Erga omnes (general, not only for the appellant) |
| Affected parties | Companies and entities of private training and master's programs affected by RD 905/2025 |
| Category | Education |
If your company operates in the private training or master's programs sector and Royal Decree 905/2025 generated costs, obligations, or restrictions for you, this ruling directly affects you. The Third Chamber of the Supreme Court, in its judgment of October 6, 2026, upheld the administrative litigation appeal filed by Máster del Conocimiento, SL and declared the total nullity of Royal Decree 905/2025, of October 7.
The key is not just that the regulation is annulled: it is that the effects are erga omnes, that is, they affect everyone, not only those who appealed. The Administration is obliged to act as if that regulation had never existed.
What does this ruling establish?
The Third Chamber of the Supreme Court is the competent chamber to hear appeals against Government regulations. In this case, it fully upheld the appeal by Máster del Conocimiento, SL against Royal Decree 905/2025, of October 7, declaring its nullity.
This implies three fundamental legal consequences:
- Expulsion from the legal system: RD 905/2025 ceases to exist with general effect, not only for the appellant company.
- Retroactive effects: the Administration must act as if the regulation had never existed, which may affect administrative acts issued under its authority.
- Path opened for claims: any entity that has suffered damages during the validity of RD 905/2025 can claim damages from the State.
Additionally, the State has been condemned in costs with a limit of €6,000, which reinforces the strength of the ruling in favor of the private training sector.
Publication of the ruling in the BOE is mandatory and is the moment from which nullity produces its effects against all.
Economic and operational impact
The annulment of a royal decree with erga omnes effects has concrete economic consequences for companies in the sector:
- Damage claims: entities that adapted their structures, processes, or costs to RD 905/2025 can initiate State liability procedures to recover those expenses.
- Review of administrative acts: any resolution, sanction, or restriction imposed under RD 905/2025 can be challenged or reviewed, since its legal basis has disappeared.
- Recoverable adaptation costs: investments in regulatory compliance made exclusively due to the requirement of RD 905/2025 are potentially claimable from the State.
- Immediate legal certainty: obligations imposed by RD 905/2025 cease to be enforceable from the publication of the judgment in the BOE (October 23, 2026).
Who does it affect?
This ruling directly affects:
- Private companies that teach master's degrees, postgraduate programs, or unregulated higher education.
- Private continuing and professional training centers that were subject to RD 905/2025.
- Entities that received sanctions, limitations, or requirements based on RD 905/2025.
- Companies that made investments or operational adaptations to comply with RD 905/2025.
- Legal advisors and consultants who manage regulatory compliance for private training entities.
Practical example
A private business school that, during the validity of RD 905/2025, had to hire additional staff, modify its training programs, or assume adaptation costs exclusively due to the requirements of that royal decree, can now initiate a State liability procedure.
The procedure consists of proving: (1) that the damage is real and quantifiable, (2) that there is a direct relationship between RD 905/2025 and the damage suffered, and (3) that the damage was not legally required to be borne. The Supreme Court's judgment, by declaring the regulation null, is the central legal argument for any claim of this type.
Similarly, if the company received a sanction or unfavorable resolution based on RD 905/2025, that resolution loses its legal basis and can be subject to review or appeal.
What should companies do now?
- Identify damages suffered: gather all costs, investments, and adaptations your company made exclusively due to the requirement of RD 905/2025. Quantify them with invoices, contracts, and internal documentation.
- Review sanctions and resolutions received: if your company was subject to sanctions, requirements, or unfavorable resolutions based on RD 905/2025, consult them with a lawyer to assess their challenge or review.
- Evaluate the viability of a patrimonial claim: the judgment opens the path of State liability. Consult with a specialist in administrative law to assess whether damages are claimable and within what timeframe.
- Act quickly: State liability claims have prescription periods. Do not wait: publication in the BOE on October 23, 2026 marks the start of the count.
- Cease compliance with RD 905/2025 obligations: from the publication of the judgment, obligations derived from RD 905/2025 cease to be enforceable. Review whether you maintain internal procedures based on that regulation and adapt them.
Frequently asked questions
Does the annulment of RD 905/2025 affect me even if I did not appeal?
Yes. The judgment has erga omnes effects, that is, general effects for the entire sector. The nullity declared by the Supreme Court is not limited to Máster del Conocimiento, SL: it affects all companies and entities that were subject to RD 905/2025, regardless of whether they appealed or not.
Can I claim the costs of adapting to RD 905/2025 now that it is annulled?
Yes. The judgment expressly opens the path for other affected entities to claim damages suffered during the validity of RD 905/2025 through a State liability procedure. It is essential to prove the real damage and its direct relationship with the annulled regulation.
How much can my company claim from the State for damages from RD 905/2025?
There is no fixed amount: the claim depends on the specific and quantifiable damages of each company. The judgment condemns the State in costs with a limit of €6,000 in the case of Máster del Conocimiento, SL, but State liability claims are independent and are calculated case by case.
From when does the nullity of RD 905/2025 take effect?
Publication of the judgment in the BOE, on October 23, 2026, is mandatory and produces erga omnes effects from that date. From that moment on, the Administration must act as if RD 905/2025 had never existed.
What is the deadline for claiming damages caused by RD 905/2025?
State liability claims have a prescription period of one year from when the fact or act causing the damage occurred, or from when its harmful effect became known. Publication of the judgment in the BOE on October 23, 2026 is a key moment for the count. Consult with a specialist in administrative law so as not to miss the deadline.
Official source
Consult complete regulation in official source
Disclaimer: 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-2026-22083
