Madrid's High Court has refused an immediate eviction from Sol. The housing protest camp remains outside the regional government headquarters while the state explains its response through the ordinary legal procedure.
The Tribunal Superior de Justicia de Madrid gave the Delegación del Gobierno until 9:00 on Wednesday, 7 October 2026, to respond to the request to remove the camp from Puerta del Sol. The court acknowledged the urgency but refused to decide without hearing the state administration. The case now follows the ordinary legal procedure.
The ruling does not settle whether the camp exceeds the limits of the right of assembly. It rejects the medida cautelarísima, a request decided without hearing the other side. The court has opened a separate case for the ordinary processing of the eviction demand. The Abogacía del Estado will submit the written response on behalf of the Delegación del Gobierno, according to reports on the court's procedural timetable.
The camp was reportedly set up in central Madrid on 27 September 2026 as part of a protest linked to Spain’s housing crisis.
No appeal can be filed against this resolution.
The judges accepted that there are circumstances of special urgency. They still found it impossible to assess the legal requirements for such an exceptional measure without hearing the Administración General del Estado. The Comunidad de Madrid accuses the Delegación del Gobierno of failing to act.
The right of assembly sits at the centre of the decision. The court warned that an eviction through this route could have irreversible consequences. It also recalled that any intervention must respect proportionality. In the court's reasoning, dissolving a gathering is a last resort.
Independent reports said the number of people at the protest reached several hundred at one point, with one estimate putting attendance at around 1,000. The camp continued to occupy the square after the court declined to order an immediate police removal.
That has a practical effect. If people in the camp refuse to leave after a verbal order, police may have to use physical force. The judges treated that possibility as a reason to avoid an immediate decision without first hearing the state administration.
The regional government of Isabel Díaz Ayuso took the case to court after she announced the move in the Asamblea on 1 October. A 48-hour ultimatum to the state authorities came before the filing. The Comunidad says the Delegación del Gobierno has refused to remove the camp. It argues that the concentration affects the operation of the Real Casa de Correos, along with commercial and tourist activity around Sol.
RTVE reported that the regional government presented the litigation as a response to what it described as inaction by the state administration. Its complaints also include alleged damage to the façade and the statue of the Oso y el Madroño. The Comunidad has raised hygiene problems and concern about events planned for 12 October.
The case first reached a judge in the administrative courts. That judge declared herself incompetent on Friday and transferred the matter to the TSJM.
The Delegación del Gobierno has defended the right of assembly. It says any intervention should be gradual and proportionate. Dissolution, in its view, is a last resort. The dispute is therefore about more than the tents. It also concerns which authority must act, under what conditions, and how the constitutional right to protest is balanced against public-order and operational concerns.
The camp is part of the recent story of Sol. An earlier account of its expansion is available in this earlier report. That report described the arrival of more than 1,200 tents after Maricarmen's eviction.
For now, the regional government has not obtained the rapid eviction it requested. The tents can remain while the Delegación del Gobierno presents its case.
The court has not endorsed the camp. It has not rejected the Comunidad's complaints either. It has required the authorities to address the rights involved and the possible use of force before any removal is ordered. The Delegación del Gobierno's public position makes the point plainly: urgency alone does not justify bypassing the administration whose inaction is being challenged.
