The Community of Madrid filed its application on 1 October, asking judges to order the immediate removal of the camp outside the Real Casa de Correos in Puerta del Sol without first hearing the other side.
The Tribunal Superior de Justicia de Madrid agreed that the case was exceptionally urgent but refused to issue an order before hearing the Delegación del Gobierno in Madrid.
The camp stays for now.
The Abogacía del Estado has until Wednesday 7 October to submit its arguments. The case will proceed through the ordinary route, while the emergency request will be treated as an interim measure that requires both sides to be heard. The order cannot be appealed.
Before the case reached the TSJM, a Madrid first-instance court declined jurisdiction and transferred it. The court did not rule on whether the camp was legal or illegal, or decide the eviction request on its merits.
Madrid's lawyers wanted the Government Delegate to take the steps needed to dissolve what the regional administration calls an illegal camp. The Community says the gathering does not meet the requirements of the 1983 Organic Law regulating the right of assembly.
The regional government says the camp is harming nearby traders and disrupting the administration's normal work. It has also cited alleged damage to the Real Casa de Correos and the statue of the bear and the strawberry tree. Officials further claim that scheduled events linked to 12 October have been altered and the site lacks basic sanitary access.
On 1 October, the Delegación del Gobierno in Madrid said it was acting within the law and respecting the right of assembly. It did not order the Policía Nacional to disperse the camp in response to the regional government's demand.
The regional filing also accused the Delegación del Gobierno of publicly refusing to order the Policía Nacional to intervene. Madrid said no effective action had been taken to protect the building's façade or the statue. It also cited its duties over tourism and domestic commerce, linking the dispute to the use of public space.
The judges focused on the type of legal complaint before them. Madrid alleges administrative inaction, not a direct challenge to an enforcement operation. The court so needs the central government's explanation before it can decide whether that inaction exists.
The order does not decide whether the camp is legal or illegal. That question remains open.
The Sala also warned that an immediate eviction could affect the assembly rights of people at the site. The judges said rapid removal could have irreversible consequences, even at this early stage and without prejudging the substance of the case.
The court cited the proportionality principle in the Organic Law on citizen security. Police intervention at assemblies must be gradual and proportionate; the law describes dissolution as a last resort.
The order noted that officers could use physical compulsion if people ignored verbal instructions. The judges said they so needed to know why the Delegación del Gobierno had not taken the action requested by the Community.
The Real Casa de Correos is the 18th-century headquarters of the Madrid presidency. It stands beside Spain's kilometre zero. Puerta del Sol also hosted the 15-M camp in May 2011, when the square became the centre of a protest movement against the government of José Luis Rodríguez Zapatero.
Earlier housing protests around the square help explain its political role. A previous report described how an improvised camp turned Sol into a focal point for housing demands.
The case puts two administrations at odds. The Community controls the building and cites its powers over tourism and commerce. The Delegación del Gobierno, through the Policía Nacional, is responsible for public order at demonstrations.
The 12 October national holiday adds a near-term operational deadline. The Real Casa de Correos normally hosts institutional events.
Reports cited by RTVE and other Spanish media said protesters began voluntarily dismantling parts of the camp on 4 and 5 October. That could reduce the practical importance of any eventual eviction order. The court case continues.
The TSJM has not endorsed the camp or dismissed Madrid's claims about damage or disruption. The judges have required a legal safeguard before any action involving physical removal.
Wednesday is the next test. The central government must explain its position before the court decides whether an eviction order would be proportionate and justified.
