Doctrina jurisprudencial de la Sala Civil del Tribunal Supremo sobre la acción directa frente a la aseguradora de responsabilidad civil de la Administración

Resumo

These last months, the Private Law Division of the Spanish Supreme Court has ruled on different aspects of the direct action against the insurer of the Public Administration civil liability. In these rulings the Private Law Division outlined the binding effect of the administrative decisions adopted in the administrative proceeding conducted to recognise the Public Administration's liability, even when the proceeding had been initiated ex officio and although the decision is not ¿final?. The Private Law Division rejects the feasibility of an autonomous lawsuit filed by the victim before the civil courts aiming at being granted the interests accrued according to the special rate imposed by art. 20 of the Spanish Insurance Contract Act. This lack of feasibility applies even if the insurer did not take part in the process conducted before the administrative courts.