The Supreme Court has provisionally suspended the rule that established that the period of validity of technical inspections of vehicles (ITV) was counted from the inspection carried out, discounting the extension period that was granted due to the state of alarm due to the pandemic of the coronavirus.

The suspended standard extended in a staggered way the automatic extension that had already been stipulated in a previous regulation for the certificates of Technical Inspection of Vehicles (ITV) until 30 calendar days after the end of the state of alarm.

In this way, even if the ITV was delayed for months due to the closure of the stations due to the state of alarm, the date of completion that would appear should be the one that would have corresponded in the absence of a pandemic.

For the high court, in the present case "not a public interest is in conflict with a private interest, but only competing private interests: ITV concessions and vehicle owners."

The Supreme Court thus addresses the request of the National Federation of Transport Associations of Spain (FENADISMER), which argued that the measure caused not only economic damage - paying twice the rate with just days of difference - but also the loss of productivity for having to go twice in a row.

In addition, regardless of the day on which the vehicle passed the inspection at the ITV station, the contentious room adds, the date that corresponds to the next inspection will not be set as the date of the inspection, but the one that originally corresponded to him.

All of this, Fenadismer argued, without any reason to justify it.

In its order, the Supreme Court emphasizes that its criterion coincides with that already stated by the Ombudsman, because "by discounting the period of extension, the Administration is artificially shortening the period of ITV, producing the effect of oblige individuals to carry out the following operation ahead of schedule ".

Although he sees "praiseworthy" the claim to ensure the economic survival of ITV stations, which like other sectors has been affected by lower activity as a result of the health crisis, he understands that said objective can be achieved "by other means, without imposing charges to individuals ".

On July 21, the high court accepted an appeal filed by Automovilistas Europeos Asociados (AEA) against said regulations.

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