Madrid, February 10, 2026 – The Contentious-Administrative Court number 7 of Madrid has dismissed a lawsuit filed by Vox and rejected the appeal lodged by its spokesperson in the capital, Javier Ortega Smith, against the placement of LGTBIQ+ flags and banners on the façade of the municipal group building on Calle Mayor. The ruling, issued on February 6, states that displaying the symbolism does not violate institutional neutrality and advises the far-right party that “political disagreement” is not enough to resort to the courts, as reported by Europa Press and later confirmed by EL PAÍS. The resolution is not final and an appeal can be filed against it.
Vox’s Arguments and the Court’s Rejection
In July 2025, Vox’s municipal group filed a contentious-administrative appeal with the City Council and requested precautionary measures to remove the flags placed on the balconies of number 71 Calle Mayor. They argued that their presence on an institutional building beyond the Pride celebrations (LGTBIQ+ Pride Day is June 28) violated the neutrality of public administration. The City Council denied Vox’s request for precautionary measures, stating that “the placement of the banners does not constitute a direct action by the Madrid City Council.” However, days before Vox’s petition, the President of the Plenary, Borja Fanjul, had ordered the left-wing parties to remove the rainbow flags, claiming they could only be displayed on Saturday, June 28.
The current ruling confirms that the symbolism was installed by Más Madrid and the PSOE, not by the City Council, and that “no violation of the principles of objectivity and neutrality of public administrations is observed.” According to the judge, “the display of LGTBI symbolism is part of actions to promote equality and is not partisan in nature,” and placing these symbols on the building “does not replace or alter the regime of official flags.” The judge concluded that “from a legal point of view, there is no legal objection to such action.”
Lack of Standing for Vox
Furthermore, the judge considered that Vox was not legitimate to appeal because it did not demonstrate a direct, concrete, and specific interest as a political party, and “political disagreement” is not sufficient to judicially challenge an administrative action. The ruling reminds the party led by Ortega Smith in the capital that political parties do not have a general public action to appeal any administrative action with which they disagree.
Reactions from Opposition Parties
The municipal leader of Más Madrid, Rita Maestre, believes the ruling is a “setback.” “Not only for Vox as the plaintiff, but for Borja Fanjul [president of the plenary table] himself, because it says that all the excuses he used to try to silence Más Madrid last Pride have no foundation.” Maestre stated that they will continue to carry Pride “as a banner” and “defend LGTBIQ+ visibility and diversity as one of the city’s hallmarks against a backward municipal government.”
For the socialist leader, Reyes Maroto, the court’s decision shows that “no one is above the law or can use the courts to impose their ideological agenda” and that “Vox’s strategy consists of trying to silence, intimidate, and condition those of us who defend an open, diverse, and democratic society.” Maroto added: “Against their attempts at censorship, we say with absolute clarity: if they don’t like the rainbow flags that we proudly place on the balconies of our municipal group, then don’t look at them.”
Supreme Court Precedent
In December 2024, the Supreme Court already ruled on rainbow flags and other LGTBIQ+ symbols, determining that they are not a partisan symbol. Therefore, they do not violate the law regulating the use of emblems and flags in Public Administrations and endorse their placement on public buildings as part of Pride celebrations. A year earlier, the mayor of Madrid, José Luis Martínez-Almeida, refused to place the Pride flag on the City Council façade, although he agreed to illuminate the building and Cibeles with its colors.
Source: https://elpais.com/espana/madrid/2026-02-10/un-juzgado-rechaza-la-demanda-de-vox-contra-las-banderas-lgtbiq-en-el-edificio-de-los-grupos-municipales-de-la-calle-mayor-de-madrid.html
