The Superior Court of Justice of the Canary Islands has declared null the ordinance regulating the waste tax in Las Palmas de Gran Canaria due to deficiencies in its financial report. The ruling is not final and the City Council is considering how to appeal.
The Superior Court of Justice of the Canary Islands (TSJC) has overturned the tax ordinance regulating the waste tax in Las Palmas de Gran Canaria. The ruling, announced this Thursday, considers that the economic-financial report presented by the City Council does not sufficiently justify the real cost of the waste collection service or how it is distributed among residents.
The judicial resolution represents a setback for the City Council, which has been defending the legality of this tax for months, one of the most controversial in recent years in the Gran Canaria capital. However, the annulment does not mean that citizens will stop paying the bill immediately.
Deficiencies in the financial report
The judges of the TSJC argue that the ordinance approved by the City Council of Las Palmas de Gran Canaria presents significant gaps in the criteria used to calculate the amount each taxpayer should pay. The economic-financial report, a key document to legally support the creation of a tax, does not adequately explain the real cost of the service or how it is distributed among households and businesses.
The court considers that this lack of justification violates the principles of legality and economic capacity that must govern any local tax. Therefore, it has opted to declare the entire ordinance null, rendering the regulation of the tax ineffective.
The ruling is not final. From the time it is notified, the parties have a month to file an appeal before the Supreme Court. The City Council has already announced that it will study the resolution and assess whether to file an appeal.
What happens now with the waste bill?
While the appeal period remains open and, if applicable, until the Supreme Court rules, the tax remains in effect. That is to say, the residents of Las Palmas de Gran Canaria must continue paying the bill as they have been. The ruling does not automatically suspend the collection.
If the resolution ultimately becomes final, the City Council will have to face a complex scenario. Among the options is to draft a new ordinance that corrects the deficiencies pointed out by the court or to adopt measures to adapt the collection to legality. It could also consider the reimbursement of amounts collected improperly, although that aspect is unclear and will depend on judicial developments.
For the taxpayer, the uncertainty is total. The waste tax, which averages around 150 euros annually per household, has become a headache for many families. Since its implementation, it has generated criticism for its amount and the way it is calculated.
The City Council, for its part, insists that the waste collection service has a real cost that must be borne by citizens. Municipal sources have indicated that the ruling is being analyzed and that action will be taken swiftly to provide legal certainty to residents.
In the meantime, the capital's residents will have to wait. The ball is now in the Supreme Court's court, which will decide whether or not to admit the appeal. And, in the meantime, the waste bill will continue to arrive at the homes of Las Palmas de Gran Canaria.
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