Supreme Court annuls mandatory increase of space per pig

The Spanish Supreme Court has annulled the section of Royal Decree 159/2023 that required an obligatory increase in the minimum space per pig in intensive farms. The decision is based on the fact that the economic report accompanying the regulation did not properly assess the financial impact the measure would have on the pig sector.

Before RD 159/2023, farms were required to comply with tables that defined the minimum space each pig needed according to its weight. The aim of the new regulation was to improve animal welfare, but the requirements implied high costs. Adapting the facilities would have required major investments or a significant reduction in livestock numbers, directly affecting production and farm profitability. With the Supreme Court ruling, farms can continue operating under the previous framework of Royal Decree 1135/2002, which regulated stocking density without imposing new immediate obligations.

Consequences for Spanish Pig Farming Regulations

The expansion of the minimum space requirement was included in the fourth final provision of Royal Decree 159/2023, and its annulment stems from an appeal filed by a farm in Navarre. The Supreme Court emphasizes that, although available space has an impact on animal welfare, the Administration did not provide sufficient economic data or an analysis that justified making the measure mandatory.

It also recalls that the transitional provision setting March 2025 as the adaptation deadline had already been rendered void by another royal decree, meaning the ruling does not alter any immediate compliance timeline. What it does establish is a precedent: any future pig-farming regulation that entails real costs must include rigorous economic assessments to ensure that obligations are viable and applicable on farms.

This criterion will shape the upcoming developments of Spanish pig-farming legislation and will require strengthening technical dialogue between authorities and the sector to define realistic and sustainable standards.

Impact of the ruling on production and animal welfare

The annulment of RD 159/2023 provides legal certainty to the pig sector, preventing urgent investments and potential herd reductions. Farmers can plan improvements to their facilities without the pressure of having to comply immediately with the new regulation, reducing financial risks and ensuring continuity of activity.

Even so, the sector will still have to comply with future animal welfare regulations, such as RD 809/2025, which sets standards for stocking density, ventilation, environmental enrichment, and the control of gases like ammonia and CO₂. The Supreme Court ruling makes it clear that any measure with economic consequences for farms must be supported by solid studies demonstrating its viability.

The previous regulatory framework, based on Royal Decree 1135/2002, offered a balance between stocking density and economic sustainability. With the ruling, pig farms return to this framework while gradually preparing to adapt to upcoming welfare standards, preserving the stability of pig production.