The Government of Asturias (PSOE-IU) has said that this is as far as we go, and after four months of warnings to the Ministry of Transport to attend to its requests to declare the nullity of the extension of the concession to AUCALSA (Astur-Leonese highway) for the operation of the Huerna highway (AP-66), it will file an administrative litigation appeal in the Supreme Court due to the rejection by the department led by Óscar Puente.
This confrontation between two administrations of the same political color is due to the extension signed in 2000 by the then Minister of Development and Vice President of the Executive chaired by José María Aznar (PP), the Asturian Francisco Álvarez-Cascos. The Principality, as a preliminary measure to the courts, had filed a nullity appeal to the Ministry of Transport, supported by the European Commission’s ruling in July 2025.
The European ruling gave the Government of Spain two months to take the necessary measures to restore legality, considering that the contract that granted Aucalsa the right to charge a toll (€16.20) to travel between Asturias and León until 2050 violates regulations. The infringement file recognizes the same violation in the extension of the AP-9, in Galicia, where the BNG proposed a motion urging the Xunta to require the Ministry of Transport to initiate procedures to reverse the toll. A similar initiative was unanimously supported by the Cortes of Castilla and León.
In September of last year, the Ministry of Transport chose to continue defending the legality of the contract instead of opening negotiations with Brussels to reduce the duration of the toll or simply rescind the concession and eliminate it. On the contrary, the department headed by Óscar Puente argues that the extension approved by the PP has all favorable reports from the State Attorney’s Office and the General Intervention, so it considers that there is still a legal basis to defend it.
And this Wednesday came the final blow. After four months of repeated requests from the Asturian government, the ministry has responded that the toll will not be removed. And it did so without addressing the substance of the matter and basing its decision solely and exclusively on the passage of time. That is, for the Government of Spain, the more than 25 years that have passed since the Aznar government extended the toll until 2050 are more than enough time to rule out reviewing that extension.
The Mobility Councilor of the Principality, Alejandro Calvo, describes the response as deeply disappointing, considering that the ministry has avoided analyzing key issues such as the legality of the extension or its economic impact. In his opinion, the central administration has replaced a material analysis with a strictly temporal argument. “A PP government approved an extension illegally and a socialist government has been unable to solve it. It is a profound disappointment,” laments Calvo.
“What we have received is a communication in which the ministry rejects our request, but without addressing the substance of the matter. More than four months later, what it has done is avoid pronouncing on the legality of the concession extension and has based the rejection solely and exclusively on the passage of time. That approach is legally insufficient and politically unsatisfactory,” says the councilor.
“The ministry avoids pronouncing on legality, excusing itself in the passage of time. And we understand that this issue requires an in-depth analysis. Perhaps the only positive thing is that there has been no administrative silence, which would have been even worse. But all our positions have been repeatedly submitted in writing.” For Calvo, “the passage of time, which the ministry uses as an argument, actually aggravates the irregularity.”
The Asturian councilor recalls that the extension has meant an “unacceptable” cost increase for companies and citizens of Asturias and argues that it must be subject to legal review. In this regard, he recalled that the extension of the concession to Aucalsa was carried out without a new bidding and awarding process, thus violating community rules.
Calvo considers that the ministry led by Óscar Puente’s refusal responds to a strategy to buy time and regrets that the central government has not understood Asturias’ position, which will force the conflict to be resolved in the courts. The Asturian government now has two months to file the appeal, although its intention is to do so as soon as possible and with the greatest legal support. The Ministry of Transport has avoided commenting despite several requests made by this newspaper to obtain a response.
The Government delegate in Asturias has spoken. Adriana Lastra expressed this Thursday her absolute respect for the decision of the Principality Government and assured that the communication bridges between the Asturian and central governments remain open. The delegate insisted that both administrations have a “fluid” relationship, knowing that this is a matter that generates “controversy.” In this regard, she insisted that the central government’s position is to “look after the general interest” in the face of a decision made by a PP government. “The PP should be embarrassed every time it talks about the Huerna” after recalling that the extension was a decision of the Popular Party.
European route and consumers
Everything seems to indicate that, in addition to the judicialization of the conflict, Transport will also have to face a lawsuit in the European Court for maintaining the toll. According to Calvo, the European Commission has shown “understanding” towards the Asturian position, in contrast to the ministry’s stance, which it accused of not wanting to resolve a situation created more than 20 years ago.
In parallel to the judicial route, the Government of Asturias keeps other fronts open. For example, in the field of consumption. The Union of Consumers of Asturias (UCE) has filed a formal administrative complaint with the Principality’s Directorate General of Consumption against the concessionaire for systematic, continuous, and extremely serious contractual non-compliance in the management of the highway. It estimates illicit profits of 60 million and demands immediate reimbursement to drivers.
According to the consumer organization, almost 4,000 people have already registered in the affected persons registry enabled, “reflecting the deep social unrest of a citizenry that feels trapped in an essential infrastructure that daily punishes workers, families, transporters, and companies that have no real alternative to travel between Asturias and the Meseta,” in the words of the UCE president, Dacio Alonso.
The reported situation is neither punctual nor cyclical. It began in November 2024, when a serious landslide of earth and rocks at kilometer point 76 caused the total closure of the highway for more than fifteen days. The road was not reopened until November 27, through a provisional bypass, under conditions clearly inferior to those required on a toll highway.
Since then, problems on the Astur-Leonese highway have worsened. Since July 7, 2025, modernization works on several tunnels have caused partial and total lane closures, single-lane traffic, daily collapses, and structural delays incompatible with a high-capacity service.
And despite this evident degradation, all users have been forced to pay the full toll, without proportional reduction or any compensation. The cost of the journey is €16.20 from this year 2026, placing the Huerna among the most expensive tolls in the country.
UCE estimates that AUCALSA would have collected between 28 and 29.6 million euros since the start of the works, despite not providing the service under normal conditions. Applying a proportional criterion to the affected section, the illicit profit derived from improper charging is estimated at around 11.35 million euros. Therefore, the Union of Consumers requests the opening of a sanctioning file, the declaration of abusiveness and illegality of the full toll charge, the immediate cessation of this practice, the implementation of proportional reductions and automatic compensations, and a deterrent financial penalty that, according to the law, could amount to 56.7 million euros.
According to DGT data, between 8,500 and 9,000 vehicles daily suffer these conditions, which means nearly two million affected trips in just seven months. For the Union of Consumers of Asturias, this practice constitutes an abusive clause in practice. “All this will end the toll. We will see when and if it will be in the Spanish or European jurisdiction,” concludes councilor Calvo.
Read more Roberto Bautista retires, the fighter who moved tennis and was respected by all