Carles Puigdemont’s lawyer, Gonzalo Boye, has filed a complaint with the European Commission alleging that Spain is failing to comply with its amnesty law, following a Court of Justice of the European Union (CJEU) ruling on Thursday 16 July 2026.

The complaint focuses on Spain’s Court of Auditors, which is handling a case involving alleged misuse of public funds connected to Catalonia’s 2017 independence referendum. For Catalan residents, the dispute prolongs the unresolved legal position of Puigdemont and other figures covered by a law intended to support political reconciliation with Catalonia.

According to the filing reported by ARA, Boye argues that the Court of Auditors has effectively suspended the deadline for deciding on the amnesty by opening a procedure for allegations. He argues that the procedure was unnecessary and conflicts with the CJEU judgment.

CJEU rejected argument on EU financial interests

The CJEU Grand Chamber ruled in Cases C-523/24 and C-666/24 that Spain’s amnesty law does not breach EU law, including the bloc’s anti-terrorism rules, and does not undermine the EU’s financial interests.

One of the Luxembourg court’s decisions addressed the Court of Auditors’ argument that EU money might have indirectly replaced Spanish funds used for the 2017 referendum campaign. The CJEU rejected a direct connection between the referendum and the misuse of EU resources.

“The potential impact on the Union budget cannot stem solely from harm caused to the national budget,” the CJEU judges wrote.

The court also said a fall in a member state’s gross national income alone could not mean that the EU’s financial interests had been affected.

Complaint does not lift Puigdemont’s arrest warrant

The European ruling does not itself decide whether the amnesty applies to Puigdemont’s individual case or remove his domestic arrest warrant. Spain’s Supreme Court has previously refused to apply the amnesty to him, citing alleged personal enrichment linked to funds used for the 1 October 2017 referendum.

Puigdemont has appealed that refusal to Spain’s Constitutional Court. The Constitutional Court is examining his appeal, while Spanish courts must apply the CJEU’s interpretation in the cases still before them.

  • The Court of Auditors case concerns alleged public-funds misuse linked to the 2017 referendum.
  • The CJEU ruled on 16 July 2026 that the amnesty law does not conflict with EU law.
  • Puigdemont’s individual appeal remains before the Constitutional Court.

The European Commission has received Boye’s complaint, but the material provided does not state whether it has opened an examination or set a timetable for a response.

Reported by politico.eu, euractiv.com, euronews.com, agenceurope.eu, Mark Hallam News and current affairs writer and editor with DW since 2006. @marks_hallam, Antonio O'Mullony, ARA, Gerard Fageda, catalannews.com, byteseu.com, Aleix Moldes, News Desk, Núria Orriols, Diari ARA.