High court rejects PSOE appeal: rubbish collection tax will continue to be charged in Vélez-Málaga

The ruling, dated 7 October and to which SUR has had access, represents an initial legal setback for the socialists in their challenge to the new municipal waste regulations, although another case remains pending against the tax by-law regulating the collection of the controversial refuse collection charge. The ruling comes in the midst of a political and local crisis over this charge, following a mass public protest which preceded the resignation of the mayor, Jesús Lupiáñez (PP), on 14 October.

The administrative litigation chamber of the TSJA, based in Malaga, has rejected the claims made by the socialist spokesperson in judgment number 1537/2026, relating to ordinary proceedings 99/2026.

The claim sought to annul the plenary resolution of 28 November 2025, by which the bipartisan government of the PP and GIPMTM definitively passed the by-law regulating cleaning and waste management. The judges examined the various grounds for challenge and concluded that "the grounds for nullity alleged by the appellant do not apply".

One of González's main arguments was that the council had failed to act on a complaint lodged by the PSOE against the two by-laws relating to waste. The complaint was registered electronically on 13 May 2025, and, as the socialist spokesperson argued, it should have been examined and responded to by the town hall.

The judgement expressly acknowledges that the complaint existed and that it was directed against both provisions, but considers that "it was lodged outside the statutory time limit". The judges pointed out that, as a councillor who took part in the plenary session of 31 March 2025, González was aware of the resolution from that session and was required to comply with the relevant time limit for challenging it.

The appeal also challenged other aspects of the administrative procedure, including the alleged absence of a mandatory report from the general secretary of the full council, the lack of a gender impact assessment, the absence of a sufficient financial report, and possible shortcomings in the system of penalties.

The court has rejected these grounds after examining the documentation submitted in the proceedings and the arguments put forward by the municipal legal advisory service. The ruling confirms the existence of two reports from the latter department and another from the general secretary, dated 18 November 2025, while also ruling out that the objections relating to gender impact justify the annulment sought.

With regard to the financial report, the judges acknowledged that the case file does not contain a specific assessment of the budgetary, organisational or financial implications of the by-law, but they distinguish this regulation from the tax provision that determines the amounts to be paid by taxpayers.

They also rejected the objections raised against several articles relating to offences and penalties, considering that they fall within the framework established by local government legislation. The judgement ordered Víctor González to pay the costs of the proceedings, up to a maximum of 1,500 euros plus VAT, where applicable. The decision is not necessarily final, as it allows for the possibility of lodging an appeal to the supreme court in accordance with the legally prescribed terms and time limits.

Tax Ordinance

The main legal uncertainty, however, remains unresolved. The dismissal of this appeal does not constitute a ruling on the legality of the local by-law establishing the refuse collection charge, which was adopted under a separate procedure. Another administrative appeal has been lodged against this latter provision, which has been admitted for consideration by the TSJA and is still pending a ruling. In those proceedings, the PSOE maintained its objections to the system for charging for the collection, transport and treatment of waste. As González explained, the socialists have also submitted a written submission to the court requesting that the pending litigation be dealt with more swiftly.

The socialist spokesperson told SUR that he accepts the ruling, although he does not agree with the judges' conclusions, as he considers that the decision leaves his party and the public defenceless. "We lodged an appeal on the grounds that we had submitted objections to that by-law, and the council must examine them, accept or reject them, and put the matter before a full council meeting," González said.

The PSOE leader has taken particular issue with the fact that the council maintained throughout the proceedings that there were no complaints on file. "How can that be, when I have proof that I submitted them?" He also said that, in his view, this situation affects not only political parties but also local residents. The ruling, however, acknowledges that the document was submitted and bases its rejection on the fact that it was registered after the deadline.

The court ruling coincides with one of the periods of greatest public opposition to the local council during its current term of office. On 7 October, the Plaza de las Carmelitas was the scene of a mass rally against the new refuse collection charge, with around a thousand attendees according to police sources consulted by SUR, while the organisers put the turnout at around 2,000 people.

Residents, shopkeepers and the self-employed from various areas within the municipal district called for a review of their tax bills, reported possible duplicate charges and demanded measures to ease the tax burden, such as a reduction in the property tax rate. The protest also brought together representatives from opposition groups, including Andalucía por Sí, Vox, the PSOE and the independent councillor, Elías García.

The controversy reached its peak of political tension just a week later, when the mayor, Jesús Lupiáñez (PP), announced on 14 October that he was resigning from the mayoralty and his seat on the council. The councillor thus brought to an end a period that had begun in June 2023, following the coalition agreement reached between the PP and the independent group for the municipality of Torre del Mar (GIPMTM).

His departure came amidst public opposition to the new tax and the political clashes that had characterised the most recent plenary sessions. Lupiáñez justified his decision by citing "personal exhaustion and the climate of attacks and insults", while also acknowledging any mistakes he may have made during his term of office. The provincial leadership of the PP has chosen Jesús María Claros to replace him as head of the council, a decision yet to be formalised in the full council session.

The dispute over rubbish, therefore, remains unresolved both in the courts and at local council level. Opposition groups have called for an extraordinary plenary session to review local taxation and propose amendments to the tax by-law before the end of the year, with the aim of preventing the 2027 tax bills from retaining the current terms and conditions.

While the cross-party government has defended the need to adapt the system to the requirements of national waste legislation, neighbourhood groups and the opposition are calling for the amounts charged to households and businesses to be revised. The ruling now handed down upholds the cleaning by-law in the face of the socialist party's appeal, but leaves unresolved the dispute over the amount and structure of the charge, which will continue to depend on the pending legal proceedings and the decisions taken by the council.

Criticism from former mayor Francisco Delgado

For his part, the former mayor of Vélez-Málaga, Francisco Delgado, has accused the bipartisan governing coalition at the town hall of "misleading residents and distorting the truth" by presenting the recent ruling by the high court of justice as an endorsement of the controversial refuse collection charge. In a message posted on his social media accounts, Delgado pointed out that the court ruling dismisses an appeal against the municipal by-law on cleaning and waste management, but does not rule on the legality of the tax by-law governing the amounts taxpayers are required to pay. "These are separate by-laws, different cases and legal issues that must not be confused," he said, emphasising that other legal proceedings remain open, including one brought by himself against the cleaning by-law.

Delgado has called for greater rigour and transparency in the information provided to the public, arguing that the local council is presenting a dispute that is still pending before the courts as having been resolved. The former councillor has also directed his criticism at Jesús María Claros, appointed by the PP to succeed Jesús Lupiáñez as mayor. "Jesús María Claros is getting off to a bad start in this new political phase if he allows the town hall to convey information to residents that does not correspond to what the court has actually ruled," he declared. "Governing also means respecting the intelligence of citizens," he concluded.