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BOE-A-2026-11850 ·3 June 2026 ·otro Low impact
Tax

Supreme Court declares null the 662/2024 Royal Decree for violating hydraulic public domain regulations

The Supreme Court nullifies Royal Decree 662/2024 for breaching the hydraulic public domain regulations set out in Royal Decree 849/1986, specifically Section 6 bis of Chapter III, Title II. This decision affects solar energy projects on dams managed by the General State Administration.

In 2 key points

  1. Royal Decree 662/2024 is null and void for violating the Regulation on the Public Hydraulic Domain (sentencia de 29 de abril de 2026)
  2. Section 6 bis of Chapter III of Title II of the Regulation on the Public Hydraulic Domain is declared null (sentencia de 29 de abril de 2026)

How it affects those involved

Companies and authorities that were developing floating photovoltaic plant projects in public hydraulic reservoirs should review their plans, as Royal Decree 662/2024 is now null and void. Affected administrations must reassess the applicable legal framework and restructure their authorisations. Energy advisors should update their recommendations and avoid referring to Royal Decree 662/2024 as a valid legal basis.

Lifecycle

2026-06-03PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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