The High Court of Justice of the Balearic Islands has denied the precautionary measure requested by a company to resume the activity of its three-wheeled vehicles in Palma while the litigation is resolved. The Court considers that irreparable harm has not been proven and that the general interest prevails.
The High Court of Justice of the Balearic Islands (TSJIB) has closed the door on the popular tourist 'tuk tuks' returning to circulate through the streets of Palma without a proper municipal license. In a ruling from June 3, the Administrative Litigation Chamber dismissed the appeal of a company that sought to resume the operation of these three-wheeled vehicles while the judicial procedure against a sanction from the City Council was resolved.
A fine of 2,002 euros that opens the conflict
Everything started when the City Council of Palma fined the company 2,002 euros for providing passenger transport services without the corresponding authorization. Furthermore, the council warned that if the vehicles circulated again without a license, they could be sanctioned again and even immobilised by the Local Police.
The company appealed the sanction and, as a precautionary measure, requested the TSJIB to allow it to resume activity while the core issue was resolved. Its argument was that, although the City Council had formally lifted the suspension, in practice it was impossible to operate because Palma lacks specific regulations that allow obtaining the necessary license. According to the company, this situation forced it to shut down throughout the process, with the consequent risk of bankruptcy.
However, the judges did not buy it. They emphasised that the company has not proven with any evidence that the cessation of activity causes it irreparable harm or harm that is very difficult to repair, a prerequisite for granting a precautionary measure. A mere assertion is not enough, the Chamber reminds, to nullify an administrative action.
The judges cannot substitute the City Council
One of the key points of the ruling is that granting the request would mean that the judges would substitute the City Council and effectively grant a temporary authorisation for an activity that currently lacks legal coverage. A possibility that the TSJIB considers incompatible with the regulations governing precautionary measures in administrative litigation.
The ruling also weighs the conflicting interests and concludes that the general interest must prevail over economic interests. Specifically, it recalls that this is an activity linked to the circulation of vehicles on public roads, so the protection of pedestrians and other users of urban space constitutes a priority interest.
Furthermore, the court supports the thesis of the City Council of Palma, which argued that any entrepreneur must verify the legal viability of an activity before investing in it, and that this lack of foresight cannot be transferred to the Administration. It also argued that allowing the circulation of these vehicles without a license would mean violating municipal regulations.
With this ruling, the TSJIB fully confirms the appealed resolution, dismisses the appeal, and imposes costs on the appealing party, considering that its appeal lacked sufficient grounds. The ruling can still be appealed in cassation before the Supreme Court.
Meanwhile, the tourist 'tuk tuks' will remain parked while the City Council of Palma decides whether to regulate this activity or not. For the residents of Ciutat, the decision is a relief: these vehicles, which circulate without a clear legal framework, have previously generated complaints about noise, occupation of public space, and unfair competition with other means of transport. For now, the legal battle continues, but the road ahead for the 'tuk tuks' looks uphill.
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