The Markets Commission is appealing the Balearic decree on boat rentals to restrict its competition

PalmThe Spanish National Markets and Competition Commission (CNMC) has filed an administrative appeal against several articles of Decree 44/2025, which regulates the rental of boats and recreational vessels in the Balearic Islands. The agency warns that some measures could limit the supply of rental services, hinder the entry of new operators, and affect the variety and quality of services available to consumers.

Before resorting to the courts, the CNMC (National Markets and Competition Commission) had requested on October 31, 2025, that the Government modify or eliminate the most problematic articles of the decree to avoid its legal challenge. However, the Government rejected the proposals on November 28. Among the restrictions being challenged, the Commission highlights the prohibition on the partial rental and sale of individual berths (Articles 1.3 and 3.5). The CNMC considers that this limits entrepreneurial freedom and could increase pressure on the marine environment, as it forces more vessels into operation. It also points to unequal treatment between nautical schools (Article 2.g), which exempts centers authorized in Spain but not those abroad, thus violating the principles of free movement of services and non-discrimination. Another issue is the reservation of flag and exemption from flag requirements (Articles 3.1 and 3.2), which prevents operating vessels from third countries without a procedure that constitutes a virtually insurmountable barrier. Another point of contention is the prohibition on using vessels with a temporary change from private to commercial use (articles 3.3 and 9.b), which limits operators' ability to respond to seasonal demand. However, the CNMC (National Markets and Competition Commission) reiterates that its role is to preserve and promote effective competition for the benefit of consumers, and that it is entitled to challenge administrative acts that constitute obstacles, according to article 5.4 of Law 3/2013. The agency argues that the measures in the Decree, despite pursuing the sustainable development of nautical charters, introduce restrictions that could force operators out of the market and increase the cost of services without providing additional benefits in terms of safety or environmental protection.