Issues surrounding the Valencian Community Technical Vehicle Inspection (ITV) persist nearly a year after the special concession ended. The latest development concerns the legal status: currently 21 stations operate independently and are not affiliated with the company that has managed them to date. Sitval has reverted to public ownership. This problem is expected to be resolved in the coming months, yet the delays indicate that the reversal enacted by Botànic last March was not fully completed.
The core question is who should oversee bringing these facilities into public legal entities. People familiar with ITV governance explain that this step was not a responsibility of the Sitval administration, which was then led by Josep Albert (Compromís). The power to appoint them—an action noted in correspondence sent last February to Aecova-ITV from the former employer of private ITV operators—belonged to the Ministry of Finance (then controlled by the PSPV through Arcadi Spain) as the competent department for inheritance matters. For this to occur, a prior proposal to reclaim assets, promoted by the Department for Sustainable Economy, would have to be registered in Compromís, with Rafa Climent noted as the principal figure.
According to the decree law of 22 April 2022, which enabled Sitval’s creation, the Valencian Business Competition Authority held the authority to supervise and undertake actions toward accepting facilities within this department. Ivace was managed at the time by Júlia Company (Compromís). In essence, the body responsible for requesting establishment within the department, under this decision, was the same authority.
Nevertheless, the current administration says no such proposal has been made. PSPV sources tied to Patrimony at the time claim this issue, unlike the salary homogenization matter, “was never discussed” in interdepartmental negotiations.
Without this proposal, the transfer of assets to Sitval could not have occurred in the first place. The delay could have triggered regional elections in May, which would have toppled Botànic in favor of the PP and Vox. People from the present Ministry of Industry say they did not notice this when taking control, because the procedure was considered accepted, with assurances given by the general director of the public company, Javier López Mora, to regulate the status of the facilities and prevent future issues.
TSJ cancels Climent’s order to extend services at stations
A legal setback struck one of the moves made by former Minister of Sustainable Economy Rafa Climent during the reversal of the ITV with autonomy. The High Court of Justice of the Valencian Community partially granted the appeal filed by Valenciana de Servicios ITV SA, one of the service concessionaires, challenging the decision to guarantee them after the contract was signed. The court found that ITV facilities could operate with adequate supplies and personnel, but due to uncertainty about the cost of this decision, it exempted the Administration from paying any compensation to the plaintiff.
In a document dated November 22, the court annulled Climent’s December 16, 2022, ruling, stating it was “contrary to the prevailing legal order.” The ruling asserted that the directive from late last year required companies to ensure that “ITV stations affected by the service would operate flawlessly the day after reinstatement,” covering elements such as sufficient staff, contracted supplies like water, and active digital and telephone appointment service, all through June 30, almost four months after the concession ended.
However, the TSJCV states that such administrative decisions have a temporary scope tied to the contract duration. In other words, concessionaires cannot be compelled to guarantee components essential for the proper functioning of the control once the service is returned to public hands.
no compensation
Although the court accepted this inconsistency, it noted that financial compensation should be paid for the liabilities involved. The judicial body found that the plaintiff company did not disclose information about the amounts paid, the income earned, the balance between the two, or the damages caused to Valenciana de Servicios SA. In short, there was “extreme uncertainty” about the cost of this decision, and the concessionaire had to present a more factual and evidence-based budget to the court before compensation could be allowed.