The Spanish competition authority, CNMC, had previously fined SRCL CONSENUR, S.L.U. (CONSENUR) €20,000 for a serious infringement of competition law due to the non-notification of its acquisition of CATHISA MEDIOAMBIENTE, S.L. (CATHISA) in August 2015.

However, the Audiencia Nacional, in its ruling number 5750/2016, confirmed the market definitions established by the CNMC in its July 2016 resolution that authorized the acquisition. The court acknowledged that there was an obligation to notify the operation under the Competition Defense Law but rejected the fine due to a lack of culpability.

The court found that CONSENUR's interpretation of the market definition, although ultimately dismissed, was not unreasonable, which negated the subjective element of the infringement. Consequently, the €20,000 fine was annulled, adhering to constitutional doctrine that requires culpability for sanctions.