Communicated on 17 September 2019

THIRD SECTION

Application no. 5248/19 ARES CHOFER CANARIAS S.L.U . against Spain lodged on 18 January 2019

SUBJECT MATTER OF THE CASE

The application concerns administrative proceedings initiated by the applicant company. The Council ( Cabildo ) of Tenerife had dismissed the request of the applicant for authorisation of 61 licenses of car rental with driver.

By a judgment of 13 April 2016 the Administrative Court no. 1 of Santa Cruz de Tenerife declared the appeal of the applicant inadmissible. The court considered that the applicant company had appealed against a mere information letter and not against the real administrative decision. The applicant company received the official administrative decision in the course of the administrative proceedings and did not pursue an appeal against it. The national courts dismissed the subsequent appeals of the applicant against the inadmissibility decision

QUESTIONS TO THE PARTIES

1. 1. Has the applicant exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention?

2. Did the applicant company have access to a court for the determination of its civil rights and obligations, in accordance with Article 6 § 1 of the Convention ( Lacárcel Menéndez v. Spain , no. 41745/02, 15 June 2006)?