Spain's Supreme Court drops fake Covid test case against Alvise, seeks immunity waiver

Dismissal of the fake Covid test case

The Supreme Court (Tribunal Supremo) has dismissed the case against Luis 'Alvise' Pérez Fernández, a member of the European Parliament and leader of Se Acabó La Fiesta (SALF), over a fake Covid test that he shared on his social media account and that was attributed to Salvador Illa, president of the Generalitat de Catalunya. The order, issued on Thursday, 5 November 2026, was signed by investigating judge Javier Hernández. He found no sufficient evidence that Alvise forged the document or knew it was false, and eldiario.es reports that a police report had attributed its creation to unidentified people. On the insult charge, the judge held that the posts did not reach the level of humiliation, serious contempt or discredit needed to pursue them criminally, which leaves Illa free to seek civil redress. The decision can be appealed before the same judge and the Supreme Court's Criminal Chamber.

“What I do affirm is that in this case the criminal route is not the appropriate one.”

The judge added that this does not mean Illa lacks the right to protect his honour and react to conduct that unjustly damages his reputation. The false test circulated during the COVID-19 pandemic, and the case was the oldest criminal proceeding pending against the MEP, according to eldiario.es.

A fifth request to the European Parliament

In a separate order, judge Carmen Lamela of the Criminal Chamber asked the European Parliament to suspend Alvise's immunity so that a criminal case can continue. The case concerns a possible offence of provoking public disorder during farm protests in February 2024, based on posts published on the Telegram channel identified as Alvise Pérez between 6 and 10 February 2024. It is the fifth request the Supreme Court has sent to the Parliament against him, a situation El País describes as unusual for a sitting MEP.

“They are not limited to the expression of political criticism, to adherence to a social protest or to the mere call for a sectoral mobilisation.”

Lamela considers that the posts contained specific calls to block public roads, paralyse cities, block access and logistics centres, and coordinate collective action capable of seriously affecting public order. The posts also referred to the lack of police officers and urged supporting pickets and blockades. Because the messages were published before Alvise took up his seat in the Parliament, she concluded they were not opinions or votes cast in the exercise of his parliamentary functions.

Five open investigations

With the Illa case closed, the Supreme Court still investigates Alvise in five separate matters. They cover alleged illegal financing of his party, alleged harassment of the female prosecutor for hate crimes in Valencia, Susana Gisbert, alleged harassment and disclosure of secrets against two MEPs elected on the SALF list with him, alleged coercion against former Algeciras mayor José Ignacio Landaluce, and alleged public disorder through messages posted during a farm protest. El País also reports an allegation that Alvise received 100,000 euros in cash from a cryptocurrency businessman for his campaign in the last European elections. The two MEPs elected with him have since left the party, according to El País.

What happens next

The decision to dismiss the Illa case can be challenged, while the public-disorder case now depends on the European Parliament's response to the immunity request. The posts under review date from a single five-day window in February 2024, and the request asks only for suspension of immunity for that investigation. The other four investigations remain open at the Supreme Court and are not affected by the order on the Illa case.