Madrid has asked the courts to dissolve the Puerta del Sol camp. The regional government says the protest breaks legal limits, blocks emergency access and threatens protected heritage.
The 48-hour deadline set by Madrid has passed. The camp outside the Real Casa de Correos is still there.
Isabel Díaz Ayuso announced the court action during Thursday's plenary session in the Madrid Assembly. The Community of Madrid is seeking the camp's immediate dissolution and says Government Delegate Francisco Martín failed to act for nearly a week.
Madrid has filed a contentious-administrative appeal and requested urgent interim measures. Its lawyers say the protest was not properly communicated. They also argue that the camp has become an indefinite occupation of public space that goes beyond the constitutional and legal limits of the right of assembly.
Francisco Martín has said that the National Police will not be ordered to intervene while the camp remains peaceful and there are no disturbances. His position was reported by ABC, EL PAÍS and Europa Press.
The legal action follows an ultimatum from the regional government. Madrid demanded that Martín act within 48 hours. The deadline passed without the camp being dismantled.
The dispute is now a direct clash between Madrid's demand for police intervention and the Delegación del Gobierno's defence of the protesters' right to assemble. Martín has urged the regional government to respect that right. He has not ordered the police action sought by Ayuso's administration.
The reason is simple. Martín and the Delegación describe the camp as peaceful.
The dispute also has a policy dimension. Martín urged the regional government to support the central government's housing decrees, linking the confrontation over the camp to the wider debate over housing affordability and evictions.
Close to 1,000 people have joined the camp. It is nearing its first week. The Sindicato de Inquilinas says the protest will continue in the coming days and plans to reproduce it in other parts of Spain this weekend.
Reports cited by Democrata also refer to new mobilisations planned for 1, 3 and 4 October. Those actions form part of a nationwide housing campaign linked to housing costs and evictions.
Madrid says ambulances must be able to pass through the square. It has also linked the dispute to alleged vandalism and the protection of the Real Casa de Correos, a 250-year-old building classified as a Bien de Interés Cultural.
The dispute had already moved towards litigation after Madrid's deadline, as detailed in this earlier report. The new appeal turns that threat into a formal court challenge.
Telemadrid and El Independiente reported that the regional administration had formally demanded the camp's immediate dissolution. Madrid also warned that it would seek judicial action if the request received no answer within 48 hours.
The Abogacía General de la Comunidad de Madrid prepared the filing. It argues that the Government Delegate has binding duties to prevent problems and oversee the situation. Madrid says those duties leave no discretion when the state must protect people, property and institutions.
The regional administration says the Delegación ignored its formal request. That request also warned about possible damage to tourism and risks to the protected building.
The filing includes a report from Madrid's Directorate General of Heritage and Office of Spanish. The report identifies direct physical effects on two protected assets: the Real Casa de Correos and the statue of the Oso y el Madroño.
According to the report, the damage could amount to a crime of looting cultural heritage. Madrid says that finding requires immediate action by state authorities under their legal powers.
Madrid claims that some protesters climbed onto the building's façade through windows and over railings. It also reports paint and graffiti on the façade and other protected elements. Stickers and paint have affected the Oso y el Madroño. Chemical products may be needed to remove them.
Police unions have also criticised Martín. They accused the Government Delegate of failing to intervene at the start of the protest. Their statements have increased pressure on the central government.
Martín and the Delegación continue to call the camp peaceful. They say police activity is limited to ensuring citizen security.
The court filing does not decide the wider dispute over assembly rights. It shows that Madrid chose litigation after it failed to secure an administrative response.
The camp remains in place. Organisers are preparing to extend the protest.
A judge must now decide whether the occupation has crossed the legal limits alleged by Madrid or remains protected protest activity. The case puts emergency access, alleged property damage and the protection of the Real Casa de Correos before the court.
Madrid has taken the conflict into the legal system. The Delegación del Gobierno continues to prioritise the right of assembly. Responsibility for the next decision now rests with the judiciary.
