The contentious-administrative section of the Elche Court of Instance has rejected a precautionary suspension of the Torrevieja Town Hall decision to deny a well-known restaurant permission to occupy public space with a terrace on Calle del Mar next to the promenade. In a recent ruling on this procedure, the judge considered that the company operating the establishment has not proven that the implementation of the municipal resolution would cause impossible or difficult-to-repair damage, nor that it compromises the usefulness of a future favourable sentence. An appeal can be brought against the ruling before the High Court of Justice of the Valencian Community.
Denial
The denial of the installation and dismantling of the current terrace structure stems from complaints made over the years by various communities of property owners in buildings located next to the business, which features one of the busiest terraces in Torrevieja. Initially, the sole agent assigned to public space occupation inspection considered the marquee with its permanently anchored, closed, and glazed roof to be a provisional installation that did not violate the municipal regulations for public space occupation. This ordinance is currently under review and remains one of the most permissive among tourist cities in Spain.
However, at the end of 2025, the criteria changed with the arrival of new agents to the service. An inspection identified alleged non-compliance, which was compounded by an urban planning infraction file warning of a failure to comply with safety and fire regulations, and the fact that the works—which are deemed unlegalisable according to urban planning criteria—were carried out without a licence. The terrace occupies the side street of Calle del Mar and the promenade, leaving two corridors on either side of the installation for people to pass through in an area that would serve as an evacuation route in the event of an emergency on the promenade.
Precautionary measures The ruling solely resolves the request for precautionary measures raised within the procedure opened by the company against the Town Hall. Therefore, the court has not yet ruled on the merits of the dispute or determined whether the municipal decision to deny the installation of the terrace—and consequently dismantle the current one—is lawful.
The company, Palermo 2003 S.L., appealed the decree issued by the public space occupation area on 6th March, which denied its application for authorisation to occupy public space with furniture. The company also challenged the subsequent resolution that dismissed the administrative appeal lodged against the municipal decision. Through the contentious-administrative appeal, it requested that the effects of the Town Hall action be suspended as a precautionary measure while the procedure was resolved.
Damages
The establishment argued before the court that the execution of the resolution—the refusal to authorise the public space occupation for the terrace and its dismantling—would cause economic damage that is difficult to repair. The municipal decision involves denying authorisation to occupy the public domain with the Calle del Mar terrace and requiring the removal of elements installed without authorisation. Among the alleged damages, the company mentioned the loss of clientele during the summer season and a loss of prestige.
The judge, however, considers that these arguments do not justify the requested suspension. The ruling recalls that it is the responsibility of the party requesting a precautionary measure to sufficiently prove the existence and scale of the damages and explain how they could cause the appeal to lose its purpose. The mere allegation of possible damages, the resolution notes, is not sufficient.
Economic damages could be compensated. The judge points out that if the restaurant had to face expenses or economic losses and subsequently obtained a favourable sentence, those damages could be subject to compensation or financial reimbursement by the Administration. Nor does the judge appreciate any evidence provided by the company that would suggest the damage would be irreparable. The resolution adds another circumstance: the denial exclusively affects the terrace located at 1 Calle del Mar, and not the larger terrace the restaurant has on the Juan Aparicio promenade. This second terrace, the judge specifies, does have authorisation and is located facing the sea.
Based on these circumstances, the court understands that a potential favourable sentence for the company could still be executed. It also considers that there is no impediment, making it impossible or very difficult to subsequently reverse the measures adopted by the Town Hall.
With these arguments, Magistrate Ricardo Barrio Martín agreed to dismiss the requested precautionary measure and did not suspend the contested administrative act. For the Town Hall to finally apply its own order, a new appeal that the company will likely present to the High Court of Justice against the denial of these precautionary measures must be resolved.
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