The Court of First Instance (Contentious-Administrative Section) of Las Palmas de Gran Canaria has issued a ruling that secures the celebration of Three Kings' Night in the Triana neighborhood, between January 5th and 6th. The decision rejects the demands of residents who sought to relocate the event to avoid disruptions to their living conditions.
The ruling, which is subject to an appeal, dismisses the neighborhood's claims, except for the recognition of their standing to sue. This allows the plaintiffs, if they deem it appropriate, to continue their challenge against the celebration through legal channels.
Residents had asked the court to acknowledge a violation of acoustic regulations during the 2024 Three Kings' Night, with an order to cease noise emissions. They also requested the relocation of the festival to another part of the city, compensation of 2,000 euros per day for moral damages for each affected resident, and the imposition of costs on the Las Palmas de Gran Canaria City Council.
“"In application of this reiterated jurisprudential doctrine, it is not enough for a violation of citizens' fundamental rights, regarding physical integrity, privacy, or inviolability of the home, to have occurred, but that this violation must have persisted over time, a requirement that is not met when complaints refer to specific hours between January 5 and 6, 2024, which do not have the same intensity throughout that time."
The judicial decision also dismissed the noise measurements presented by the plaintiffs, arguing that the administration was already aware of the potential consequences when provisionally suspending the acoustic quality regulations during the event. Furthermore, the magistrate considered that there was a possible “procedural deviation” on the part of the appellants.
The affected residents are evaluating the possibility of filing an appeal with the High Court of Justice of the Canary Islands (TSJC). Although they consider the recognition of their active legitimacy a procedural victory, they believe the ruling errs by not acknowledging the violation of fundamental rights.
The plaintiffs point out that TSJC ruling 184/2023, which resolved an identical case regarding the daytime carnival, established that noise intensity can compensate for duration, considering that levels exceeding legal limits violate physical integrity and privacy, even if they occur on a single day. The TSJC had already ordered the relocation of mass events outside the historic center due to the technical impossibility of mitigating noise.
