0
The Supreme Court has issued a ruling, dated November 3, 2025 and published in the Official State Gazette (BOE) on Friday, November 21, 2025, against the appeal filed by the company Granja Los Alecos, SL, which partially annuls Royal Decree 159/2023, a key regulation for the application of European Union legislation in Spain on official controls of animal welfare in pigs.
The Third Chamber has declared section 4 of the fourth final provision of Royal Decree 159/2023 null and void, which amended Article 3.1 of Royal Decree 1135/2002 by introducing a new table of minimum surface areas per pig, with significant increases in space requirements for weaned piglets or group-reared production pigs, excluding sows and gilts after mating. In practice, this amendment necessitated expanding facilities, reducing the animal population, or making significant investments in adapting existing buildings.
With the annulment of this section, the stocking density table in Royal Decree 159/2023 is no longer applicable, and the table in Royal Decree 1135/2002, which establishes smaller surface areas per weight category, is once again in force. Consequently, Spanish pig farms are not required to comply with the space increases or to make the investments associated with said expansion.
The ruling does not affect the rest of the Royal Decree 159/2023, which remains fully in force with respect to official controls, documentary requirements, and general animal welfare obligations. The ruling also orders the Administration to pay costs and mandates its publication in the BOE.
This court decision directly impacts the swine industry, which had been analyzing the increased costs associated with the new stocking density requirements for months. With this change, the regulatory framework temporarily reverts to its previous state, pending the entry into force of future modifications, such as those foreseen in Royal Decree 809/2025, effective from March 2026.
November 26, 2025/ 333 staff with information from BOE and the General Council of the Judiciary.
