Andorra Court Orders Probe into SAIG's Mishandled Property Auction

The Administrative Chamber of Andorra's Superior Court of Justice has ordered the disciplinary body for judicial administrators (saigs) to open a formal investigation into one saig's handling of a 2022 property auction, ruling that prior dismissals of the complaint lacked proper justification.

In its 3 February 2026 decision, the court annulled a July 2025 Batllia ruling and directed proceedings to determine if the saig committed any breach of duty. The focus remains on movable goods inside an inherited apartment in the Promoció Capitol d'Encamp, auctioned in December 2022 to cover roughly €9,500 in community fees owed by the previous owner. Although the enforcement targeted only the real estate, the contents—including personal belongings—were transferred to the buyer without any inventory or prior economic valuation.

The complainant, who lives abroad and discovered the auction after his father's death, filed a complaint against the saig in December 2022. He argued that the lack of oversight caused him economic and patrimonial harm, estimating losses over €298,000, and highlighted items with sentimental value, such as a gold ingot. He later recovered some goods from the buyer but maintained the process was negligent. The saig denied the claims, and initial reviews by the saigs' disciplinary body found her actions compliant with law, though the decision was not formally notified to him, prompting an administrative silence challenge.

The case has seen several reversals. In December 2024, the Batllia dismissed his suit, ruling he lacked standing since any outcome would yield only moral satisfaction. The Superior Court overturned this in July 2025, recognising his legitimacy due to potential prejudice, and remanded it. The Batllia dismissed again on 28 July 2025, deeming the prior review adequate.

The latest ruling criticises this as insufficient, noting the disciplinary body examined the file and heard the saig but presumed—without evidence—that the goods lacked value to cover the debt or had been abandoned due to the owner's unresponsiveness. The court stressed this overlooked the gratuitous transfer to a third party, potentially causing evident harm, and ordered the case rolled back to before archiving, bypassing further Batllia review.

The decision does not evaluate the saig's conduct on merits, grants no compensation—previously deemed outside administrative scope—and imposes no costs. It is final and enforceable.