The Supreme Court has admitted an appeal filed by the Metropolitan Transport Consortium of Seville (CTMS) concerning a judgment that orders it to pay almost 74,000 euros in compensation to a cyclist injured in an accident. This incident, dating back to November 18, 2014, highlights the protracted nature of judicial proceedings in Spain.
The collision took place on the bike lane of Torneo street in Seville, when the cyclist, riding a public bicycle, attempted to avoid another cyclist who swerved into his lane, causing both to fall. As a result, the plaintiff sustained injuries requiring 189 days of recovery and suffered various sequelae, leading to the compensation claim.
An initial ruling by the Court of First Instance number 3 of Seville in November 2020 ordered both the other cyclist and the CTMS to pay the compensation. Subsequently, the Audiencia de Sevilla, in January 2024, upheld the compensation but absolved the other cyclist, assigning full responsibility for the payment to the Consortium. The latter, represented by the Junta de Andalucía, argued it lacked passive legitimacy and that any liability should be resolved in the contentious-administrative jurisdiction.
“"The action exercised regarding the damages is of an extra-contractual nature and is based on the Civil Code, not only on the CTMS's ownership but on a fundamental circumstance, given that it is the Consortium that grants the use of the bicycle to the individual through a free loan agreement."
The Supreme Court's acceptance of the appeal means it will rule on the potential lack of jurisdiction of civil courts in this case. If the Supreme Court sides with the Consortium, the process could face further delays, as it would have to be referred to the contentious-administrative jurisdiction for a new trial.
