The governments of Asturias and Cantabria will attend a Madrid meeting with the Minister of Transport at 4:30 p.m. on Monday the 20th, pressing for compensation after the discrediting incident labeled “Fevemocho.” Despite promises from the Ministry to improve the regional rail network in both communities, the real impact will hinge on how those promises are turned into concrete actions. According to lawyers consulted for this article, a proven way to secure a firm investor commitment from the Ministry in the Asturias vicinity would be to sign an agreement with the Principality that clearly defines terms and financial figures.
The structure of the administrative agreement has been shaped by legal changes that determine its legal personality. Law No. 40/2015 on the Legal Regime of the Public Sector regulates this form of agreement and cooperation, addressing a gap that existed previously. “The more detailed the content, the more precise the commitments administrations must undertake,” remarks lawyer Javier Junceda. He adds that the binding nature of what is agreed is guaranteed by Article 29 of the Law Regulating Disputed-Administrative Jurisdiction. This article allows the other party to file a conformity claim if the signing administration fails to meet its obligations, potentially leading to the termination of the contract or to a request for accelerated remedies. Disputes over administration inaction can trigger a streamlined court process if actions are not rectified within a month.
Industry has asked two Spanish companies to review their role in light rail in occupied Jerusalem
Industry has asked two Spanish companies to review their role in light rail in occupied Jerusalem
Junceda notes that there is no single template for these agreements; they can be either detailed or generic, depending on the signatories’ intention. They may amount to a simple statement of intent, or include a work list and an execution program. “What is included must eventually align with the General Government Budgets,” the lawyer explains. He also stresses that while extensions are possible in exceptional cases, the duration of such contracts cannot exceed four years, preventing a temporary agreement from becoming a long-term fixture.
The Principality would have the right to seek judicial remedies for non-compliance, but it cannot compel the Ministry to accept a particular agreement form that only comes into effect with mutual consent. In the current context, experts believe that a compensation claim for the Fevemocho incident is unlikely to succeed, as damages in such cases are hard to quantify and the legal basis requires a clear link to an unreasonable administrative decision. It is also deemed unlikely that the winning party would pursue damages, since no trains operated without warning of the error in the measures.
Another option on the table is a management assignment. Both Asturias and Catalonia previously called for closer scrutiny when budget execution data for 2020 showed low investor compliance. The Catalan government urged a bilateral monitoring mechanism for ongoing infrastructure investments. One area where state investment underperformed was railway projects.
Renfe had refused to publish the train contract two years ago for confidentiality reasons.
Catalan solution
The proposed remedy came from ERC members, who recommended business management orders, where the State transfers budgeted funds directly to the Generalitat, with the district administration handling tendering processes. The agreement, signed before this year’s budgets, involves roughly 900 million in investments. Initiatives include the assumption of national highway II by the Generalitat, with a multi-year contribution of 384 million from the State; projects to connect two toll motorways with a 250 million multi-year plan; and the Axis Pirenaico (N-260) program. In rail terms, a plan was approved to create junctions between the state network and the Generalitat network. The Generalitat’s rail agency oversees 40 kilometers of narrow gauge, 42 kilometers of standard gauge, 89 kilometers of Iberian gauge, plus a two-rack railway and several funiculars.
The investments in rail infrastructure were designed to bolster the regional system, while the State’s investment commitment in Asturias showed weakness in recent years. Two state railway entities, Adif and Renfe, averaged only about a quarter of the promised budget allocations.
The principality estimates that of the 997 million euros promised by the central government for Asturias’ suburban network, around 300 more million euros are needed to tailor the rail infrastructure to service needs. The issue is that the State frequently delays promised investments in the suburban plan. At the current pace, it could take decades for the State Administration to fulfill the 1,300 million that the Principality believes the regional rail network requires.
Differences with the Catalan plan and Transport leadership
The Ministry of Transport has opened two audits at Renfe and Adif to identify responsibilities after the controversy over trains with faulty measurements. The dispute involves which party bore the responsibility, since Renfe issued the public tender for the train contracts based on Adif route measurements. Isabel Pardo de Vera, Minister of Infrastructures, led Adif when the issue arose. The opposition has urged changes, while the current ministers contend with the complex governance that governs both agencies. The discussions reflect broader debates about how orders and budgetary realities shape decisions in national rail policy.
Canteli says “Fevemocho” made him “sad and embarrassed”
Oviedo mayor Alfredo Canteli said the error in the Asturias and Cantabria commuter trains contract was a “shame” and expressed that he felt “sorry.” “How is it possible that trains don’t go through tunnels?” he asked. He added that he was ashamed as an Asturian, as a resident of Oviedo, and as a leader.
Bendodo: “Populism cannot pass through the Cantabria tunnels”
Elías Bendodo, national coordinator of the PP, warned that the time has come to change the Cantabria regional government because “neither trains nor populism can pass through tunnels.” Speaking at a rally in Santander with his presidential candidate, he criticized the government for ordering trains with the wrong gauge and questioned the stance of regional president Miguel Ángel Revilla, calling for stronger leadership from the central and regional authorities alike.