Madrid, January 29, 2026 — Spain’s CNMC has brought a court challenge against several provisions of a Balearic Islands decree regulating the charter of recreational boats and vessels, arguing that the rules impose unjustified restrictions that could exclude operators from the market and reduce consumer choice.
The challenge targets parts of Decree 44/2025, which governs recreational boat charter activity in the Balearic Islands. The CNMC said it does not dispute the decree’s stated objective of promoting responsible and sustainable nautical tourism, but considers that certain provisions go beyond what is necessary and introduce disproportionate barriers to entry.
Before initiating litigation, the CNMC formally requested on October 31, 2025, that the regional government amend or repeal the most problematic provisions to avoid legal action. The Balearic authorities rejected those proposals on November 28.
Restrictions under challenge
According to the CNMC, the decree’s ban on partial boat rentals and the sale of individual places on boats removes a business model that is widely used in the Spanish coastal market. The authority said the measure restricts entrepreneurial freedom without being justified by maritime safety or environmental protection concerns. It warned that the ban could even increase pressure on the marine environment by dispersing demand and raising the number of vessels in operation.
The CNMC also questioned the differential treatment applied to nautical schools. Under the decree, schools authorised in Spain are exempt from certain requirements, while foreign schools are not, a distinction the authority said is incompatible with EU principles on the freedom to provide services and non-discrimination.
Further concerns relate to the decree’s flag requirements. The rules allow only Spanish- or EU-flagged vessels to operate and impose a so-called “flag waiver” requirement on vessels from third countries exceeding 14 metres in length. To obtain a waiver, operators must demonstrate that no equivalent vessels are available in the EU or European Economic Area — a condition the CNMC described as a nearly insurmountable barrier.
The authority noted that national legislation has not required such waivers since 2020 and said the measure would restrict supply, reduce service quality, and increase prices without delivering additional safety or environmental benefits.
Finally, the CNMC objected to provisions preventing operators from temporarily converting privately used vessels into commercial charter use. While national rules allow such temporary conversions subject to safety requirements, the Balearic decree prohibits them. The authority said this limits operators’ ability to respond to seasonal demand and negatively affects market dynamics and consumers.
Legal basis
The CNMC said it is empowered under Article 5.4 of Law 3/2013 to challenge administrative acts and regulations below the level of statute that create unjustified obstacles to effective market functioning. The case has been filed as a contentious-administrative appeal.
Source: https://www.cnmc.es/prensa/alquiler-embarcaciones-baleares-20260129?back=news
