The public entity Puertos Canarios has issued a clarification of a technical and legal nature following the circulation of ruling 398/2026, handed down by the Administrative Litigation Chamber of the High Court of Justice of the Canary Islands (TSJC) concerning the Puerto Rico Marina.
The public entity’s clarification invokes institutional loyalty with Mogán Town Council to prevent the concession debate from being shifted into the realm of political confrontation. Puertos Canarios recalled that strategic decisions concerning the port public domain under regional government ownership formally fall within the remit of its Board of Directors, a collegiate body that includes the mayor of Mogán.
The regional body reiterated its willingness to cooperate with the local authority in developing the municipality’s maritime-terrestrial zone, ensuring that the treatment of nautical concessions in the southern area will be resolved in accordance with the regional regulatory framework and with strict compliance with the rulings issued by the courts.
The regional government entity specified that the court ruling does not grant any extension to the concession holder Puerto Rico S.A., does not prejudge the proceedings concerning Puerto de Mogán, and contains no disciplinary findings or criticisms against the body’s public officials or employees.
The TSJC ruling partially upholds the appeal filed by Puertos Canarios with regard to the lack of legal standing of Gabinete de Enseñanza y Venta S.L.U. to participate in the proceedings, while otherwise upholding the previous decision issued at first instance by the administrative litigation court. However, the ruling recognizes Mogán Town Council’s institutional interest in participating as a party to the proceedings, given the impact that the management of nautical infrastructure within the municipality has on urban planning, mobility, the coastline and the local economic fabric.
The extension regime and the processing of concession proceedings
Puertos Canarios stressed that a concession holder’s request for an extraordinary extension does not create an automatic right or suspend the procedure to terminate the title upon expiry of the legally established term. The application of any concession extension requires strict verification of technical, budgetary and procedural circumstances by the competent body, and the existence of ongoing proceedings does not amount to tacit approval or prejudge the outcome of the proceedings.
At the same time, the public entity has fully separated the Puerto Rico litigation from the administrative situation of Puerto de Mogán. The regional body said that the latter proceedings will be resolved independently, with the interested parties being heard, the technical reports assessed, and the principles of legality and protection of the public interest in public-domain assets observed.
The article Puertos Canarios clarifies the scope of the TSJC ruling on Puerto Rico and rules out extending concessions was first published on canarymaritime.com.
