Spanish National Court rejects Zapatero bid to void Plus Ultra airline inquiry

Ruling on the nullity petition

Spain's National Court judge José Luis Calama dismissed a motion for general nullity filed by former Prime Minister José Luis Rodríguez Zapatero in a ruling issued on 4 September 2026. The unappealable order maintains the criminal investigation into whether Zapatero led an influence-peddling network to secure public funds and commercial advantages for airline Plus Ultra and other companies. Zapatero's legal team filed the nullity petition on 25 June 2026, seeking to void twelve separate judicial resolutions and strike all evidence obtained by the anti-corruption prosecutor. The defense argued that procedural steps taken since late 2025 violated fundamental rights, including the right to a judge predetermined by law, effective judicial protection, a fair trial with full guarantees, and the presumption of innocence. Calama had initially dismissed the petition for missing statutory deadlines, but he partially rectified his stance in July 2026 after verifying that the defense gained access to case files later than recorded.

Scope of the airline inquiry

The judicial inquiry focuses on whether Zapatero exercised illicit influence during the coronavirus pandemic to secure a 53 million euro public rescue package granted to Plus Ultra by the administration of Prime Minister Pedro Sánchez. The proceedings also examine undeclared jewelry with an initial estimated valuation of 1.3 million euros, which Spanish police seized during a search of Zapatero's private office on 19 May 2026. Additional investigative measures under scrutiny include searches at Plus Ultra corporate headquarters and the detention of Zapatero's associate, Julio Martínez. The defense contended that the entire case was tainted from its inception by an unauthorized analysis of a lawyer's private telephone communications, asserting that anti-corruption prosecutors steered the case toward favorable judicial venues.

Judicial findings and evidence validity

Judge Calama rejected the defense's argument that police analysis of the attorney's communications constituted an unlawful invasion of privacy or professional secrecy. The judge determined that the material had been legitimately obtained with prior authorization from a French court in cooperation with Spanish judiciary officials. Calama also dismissed allegations that the anti-corruption prosecutor carried out an unauthorized parallel investigation outside judicial oversight. In evaluating whether the referral of the case from a Madrid investigative court infringed on jurisdictional rules, Calama affirmed that the procedural history remained legally coherent.

The procedural action followed conformed to legal logic and did not affect the invoked fundamental right.

Procedural history and previous dismissals

The current proceedings stem from an earlier Plus Ultra investigation that had been provisionally dismissed in January 2023, a status confirmed on 14 April 2023 when the Provincial Court of Madrid rejected requests for a full dismissal by prosecutors and state attorneys. On 28 November 2025, Judge María Esperanza Collazos of Madrid Court Number 15 admitted a new complaint from anti-corruption prosecutor Elena Lorente and opened a separate investigative branch before transferring the case to the National Court. The National Court affirmed the legality of opening the new inquiry in a resolution on 29 July 2026. Calama emphasized that preliminary proceedings regarding the matter were already pending at the National Court before the referral occurred, leaving no ground to nullify the case.