The High Court of Justice of the Canary Islands (TSJC) has decided to lift the suspension of the Tax Ordinance Regulating the Tax on Tourism Services and the Sustainability Obligation in Mogán, thus rejecting the appeal filed by the Federation of Hospitality and Tourism Entrepreneurs (FEHT) of Las Palmas. Consequently, the application of this tourist tax must resume as of Thursday, March 27. The court argues that the alleged damages identified by the FEHT are "merely economic" and, as such, could be resolved through established tax mechanisms, should a ruling favorable to the hotel industry be issued in the future. According to the ruling, these damages do not justify an immediate suspension of the regulations, as they do not represent an impact of such magnitude that it would affect the normal course of the judicial process.
The ecotax, commonly known as the tourist tax, is a tax levied in certain destinations to offset the environmental impact of tourism and promote more sustainable practices. In Spain, its implementation has been debated in several autonomous communities, with notable interventions by the Council of State in assessing its legality and feasibility. These interventions have addressed both consistency with the national legislative framework and the balance between sustainability and the economic dynamics of tourism. Currently, the ecotax is routinely applied in Catalonia and the Balearic Islands, where the revenue collected is allocated to conserving the natural environment and improving tourism infrastructure. In other regions, such as the Canary Islands and the Valencian Community, the idea of establishing this type of tax has arisen on several occasions, although it has not been implemented in a concrete way. In these cases, the debate revolves around the potential impact on the competitiveness of the tourism sector, particularly in areas that rely heavily on it as a source of income.
The Council of State has underscored the need to ensure that the eco-tax complies with constitutional principles, such as the "polluter pays" principle. Furthermore, it insists on the importance of creating clear and transparent mechanisms for managing the funds raised, ensuring that they are allocated exclusively to sustainability projects. Although the eco-tax has a noble purpose, its impact on tourism operators and visitor numbers remains a central issue in the analysis of its implementation. The mayor of Mogán, Onalia Bueno, defended the ease of implementing the tax, explaining that its calculation is as simple as multiplying the number of nights stayed by 0,15 cents per day per person. Bueno expressed her incomprehension at the criticism of an allegedly excessive administrative burden and reaffirmed her commitment to the municipality's progress. "Despite the opposition of the hotel industry, the PSOE (Spanish Socialist Workers' Party), and Nueva Canarias (New Canary Islands), Mogán continues to move forward," she concluded with determination.