The High Court of Justice of the Valencian Community (TSJCV) has partially upheld two administrative appeals filed against the 2025 waste fee ordinance in Elche. The ruling, to which this newspaper has had access, declares the nullity of the regulation and its
consequent expulsion from the legal system
However, the resolution specifies that this annulment does not affect the effectiveness of administrative acts that are already final, meaning receipts that have already been settled. The Elche City Council has expressed its intention to file an appeal against both rulings.
The dispute originated from the challenge to last year's fiscal ordinance, which was questioned due to irregularities in its processing. The plaintiff argued the nullity of the regulation due to errors in its publication and the non-compliance with the principle of economic equivalence. The TSJ ruling sided with the plaintiff on two key points: the publication of the ordinance announcement in a newspaper that is not among the most widely circulated in the province of Alicante, and the zoning of streets for fee collection, which created an imbalance between neighborhoods.
Despite the nullity of the ordinance, the TSJ did endorse the staggered payment of the fee until the service cost is covered, as proposed by the local administration until 2028. This municipal decision aimed to reduce the fee deficit from 12.1 million to 9.2 million euros by 2025. The ruling also condemns the Elche City Council to pay legal costs, with a maximum of 1,500 euros for lawyer fees and 334.38 euros for the intervention of the solicitor.
