AEPD Resolution: EXP202513668

The Procedural Timeline: A.A.A.,  filed an administrative appeal (recurso de reposición) on 6 December 2025 against an AEPD resolution dated 5 November 2025. The original resolution had been notified to them on the same day it was issued.

The Fatal Flaw: The appeal was filed exactly 31 days after notification, one day too late. Under Spanish administrative law (Article 124 LPACAP), appeals must be filed within one month. The AEPD calculated the deadline strictly: notification on 5 November means the deadline expired on 5 December. Filing on 6 December rendered the appeal inadmissible.

The Legal Framework: The AEPD applied Article 116(d) of the LPACAP (Ley 39/2015 del Procedimiento Administrativo Común), which states that administrative appeals shall be inadmitted when "the deadline for filing the appeal has expired." The timing calculation followed Article 30.4 LPACAP: when a deadline is fixed in months, it expires on the same day of the month as when notification occurred.

The Ruling: The AEPD's Presidency declared the appeal inadmissible due to being filed out of time (extemporáneo). Despite the inadmissibility, the AEPD noted its obligation under Article 21.1 LPACAP to issue an express resolution even after the legal deadline has passed, as administrative silence does not eliminate the duty to formally resolve all proceedings.

Based on Resolution EXP202416668, here is essential guidance on administrative appeal deadlines:

1. The One-Month Rule is Absolute

• Administrative appeals (recursos de reposición) must be filed within exactly one month of notification
• Action: Calendar the deadline immediately upon receiving any AEPD resolution. The deadline is the same day-number in the following month (e.g., notification on 5 November = deadline 5 December)
• Warning: There is no grace period. Filing on day 31 means automatic inadmissibility

2. How to Calculate "One Month"

• Count forward to the same day-number in the next month
• Example: Notification on 15 March = deadline 15 April
• Exception: If the deadline month lacks that day-number (e.g., notification on 31 January), the deadline is the last day of the month (28/29 February)
• Legal Basis: Article 30.4 LPACAP

3. Weekend/Holiday Extensions

• If the final day falls on a weekend or holiday, the deadline extends to the next business day
• Action: Always verify whether your calculated deadline falls on a non-working day
• Caveat: This extension saved A.A.A. in his previous cases but couldn't overcome a full day's delay

4. Strategic Timing for Appeals

• Best Practice: File appeals within the first two weeks of the one-month period
• Risk Management: Don't rely on last-minute filings—courier delays, system errors, or calculation mistakes can prove fatal
• Corporate Policy: Establish internal deadlines at least 3 days before the legal deadline

5. What Happens After Inadmissibility

• Administrative silence becomes final (desestimación por silencio administrativo)
• The original resolution stands unchanged
• Your only recourse is contencioso-administrativo (judicial review) within two months
• Critical Note: The two-month judicial deadline runs from notification of the inadmissibility resolution, not from the original resolution

Summary of Business Risk

This resolution carries zero direct business risk, it's a pure procedural dismissal with no finding of wrongdoing. However, it provides a cautionary tale about the absolute nature of administrative deadlines. For businesses challenging AEPD decisions, missing the one-month appeal deadline by even one day means permanent loss of that administrative remedy. The only remaining option is judicial review, which is significantly more expensive and time-consuming.

The case reinforces that Spanish administrative law operates on strict statutory timelines with no judicial discretion to extend deadlines based on "substantial compliance" or minor delays.