Spain’s emergency price rule limits prices for designated goods and services in qualifying emergencies. Real Decreto-ley 32/2026 took effect when it was published on November 4, 2026; it adds Article 20 ter to Spain’s consumer-protection law. The decree published in the Boletín Oficial del Estado sets out how the price reference is calculated, when the rule applies and when consumers are entitled to repayment.
How the 30-day price reference works
The default reference is the highest price charged for the same or a similar good or service during the 30 calendar days before the qualifying emergency begins. If that maximum is more than 50% above the period’s average, the reference switches to the average plus 50%.
| Condition in the 30-day reference period | Applicable price reference |
| The highest price is no more than 50% above the average | The highest price charged during the period |
| The highest price is more than 50% above the average | The period’s average plus 50% |
For a hypothetical example, if the 30-day average is $100 and the highest price is $170, the maximum is 70% above the average. The alternate reference applies: $100 + ($100 × 0.50) = $150. These amounts illustrate the formula; they are not observed prices.
When the rule applies and what it covers
A declaration that an area is gravely affected by a civil-protection emergency activates the general rule. For other qualifying exceptional circumstances, such as an accident or force majeure, the Council of Ministers must adopt an agreement specifying the start and end dates, covered goods or services, and price reference. That agreement may also require sellers to disclose the preceding period’s average and maximum prices in their offers.
Article 20 ter does not name individual platforms. Coverage depends on the goods or services brought under the rule through the applicable legal provisions or government agreement.
The decree also sets a specific measure for the Urda rail accident. It covers services affected by the accident and rail connections that remain suspended because of it. The initial period runs through November 10, 2026; the Council of Ministers may extend it by agreement.
Repayments, exceptions and transport rules
If a consumer is charged more than the applicable maximum, Article 20 ter provides for automatic repayment of the excess. The 50% threshold belongs to the calculation of the reference price, not to the repayment right.
The law allows increases supported by higher costs and increases needed to bring in new goods or services that mitigate the disruption. For markedly seasonal goods or services, the reference may instead use the same period in the previous year, adjusted for the Consumer Price Index. Regulated tariffs and prices set under contracts with public administrations are treated as compliant.
Restrictions affecting air transport or other transport modes governed by relevant European Union pricing rules require express authorization from the European Commission before they can apply.
