Sentencia del Tribunal Supremo de 2 de diciembre de 2021 (Sala de lo Contencioso-Administrativo, Sección 3ª, número de recurso: 5018/2020, Ponente: Diego Córdoba Castroverde).

The Supreme Court Judgment of December 2, 2021 resolves an appeal in cassation filed by a sole proprietorship against a dismissive judgment of the High Court of Justice of Madrid. The case refers to a penalty imposed on the company for a serious offense in the hydrocarbon sector. The Supreme Court, aligning itself with the Community of Madrid and the High Court of Justice of Madrid, dismisses the appeal in cassation. The article analyzes the interpretation of Article 110 of Law 34/1998, which establishes serious offenses in the hydrocarbon sector. It is argued that this article typifies not only cases where there is a manifest danger to people, property, or the environment, but also those where there is no danger at all. It is maintained that this interpretation is necessary to guarantee control and safety in gas installations. A Supreme Court judgment supporting this interpretation is mentioned. [Extracted from the article]