The Supreme Court has rejected the appeals presented by Vox against the appointment of Cani Fernández as president of the National Commission of Markets and Competition (CNMC) and Carlos Aguilar as counselor of the body at the proposal of United We Can, according to two rulings dated on last May 13.
The parliamentary group led by Santiago Abascal challenged the appointment decree approved by the Government on June 16, understanding that Cani Fernández could incur a conflict of interest, since she worked at the Cuatrecasas law firm between 1997 and February 2020, and litigated against the State and the CNMC itself.
The contentious-administrative chamber of the high court has dropped both appeals for lack of active legitimation, following the previous jurisprudence that political parties do not have the power to present administrative appeals, since they previously participate in the procedure of appointments of this type of charges.
In the case of the president of the CNMC, she had favorable votes in the Economic Affairs Commission of the Congress of Deputies of PSOE, United We Can, Esquerra Republicana and the PNV, while they voted against PP, Ciudadanos and Vox.
The Supreme Court recalls several sentences in which it has maintained this doctrine. The most recent was the rejection in September 2020 of the PP and Vox resources against the inclusion of Pablo Iglesias in the commission of the National Intelligence Center (CNI). It also inadmissible in November 2019 the appeal of the PP against the appointment of the president and three advisers of the Nuclear Safety Council.
Fernández has admitted that he has worked for several large companies in conflict with the CNMC, for which he has promised to inhibit himself in all cases in which there is a possible conflict of interest. The most notorious case of this professional work is the advice to Mediaset, which has been fined together with Atresmedia with 77 million euros by the CNMC for the duopoly situation in the television advertising market.