Culture executes the ruling that annuls the contract with Tragsa in Candás

The Principality of Asturias has ordered the execution, in its own terms, of the ruling that annuls the contract awarded to TRAGSA for the works on the rehearsal building for the music band and choir of Candás, in the municipality of Carreño. This is done through the Resolution of October 14, 2026, from the Department of Culture, Linguistic Policy and Sport, published in the Official Gazette of the Principality of Asturias (BOPA) No. 207, of October 26, 2026, with official reference Code 2026-08439. The ruling became final after the Supreme Court dismissed the appeals for cassation filed by the regional Administration and the public company itself.

From the TSJA to the Supreme Court: two rulings and one annulled contract

The origin of the litigation is the resolution of the then Department of Culture, Linguistic Policy and Tourism of November 22, 2022 (file CONP/2022/8343), by which the Agricultural Transformation Company, S. A., S. M. E., M. P. (TRAGSA) was commissioned to execute the construction work of the rehearsal building for the music band and choir of Candás.

The employers’ association Confederación Asturiana de la Construcción appealed this commission, appearing in the proceedings as CACASPROCON and in the judicial ruling as Confederación Asturiana de la Construcción-ASPROCOM, represented by the court representative José Antonio García Rodríguez. Ordinary proceeding 57/2023 was resolved by ruling no. 265/2024, of March 22, 2024, from the Administrative Litigation Chamber of the High Court of Justice of Asturias, which upheld the appeal and annulled the resolution for being contrary to law, without the express imposition of costs.

The Supreme Court dismisses the appeals and makes the ruling final

The Administration of the Principality of Asturias and TRAGSA appealed the ruling before the Supreme Court. The Administrative Litigation Chamber of the high court, in its ruling no. 802/2026, of June 29, 2026 (cassation appeal proceedings 5151/2024), dismissed both appeals for cassation and confirmed the resolution of the Asturian court.

With the ruling now final, the Department applies the procedure provided for in Article 26 of Decree 20/97, of March 20, which regulates the organization and functioning of the Legal Service of the Principality of Asturias. The operative part of the resolution consists of two points:

• Execute in its own terms the ruling of the Administrative Litigation Chamber of the TSJA, which annuls the contract awarded to TRAGSA.
• Arrange for the publication of the resolution in the BOPA.

Chronology of the procedure

• November 22, 2022: the Ministry of Culture, Linguistic Policy and Tourism commissions TRAGSA for the construction of the rehearsal building (file CONP/2022/8343).
• 2023: the construction employers’ association files the appeal that leads to ordinary procedure 57/2023.
• March 22, 2024: the TSJA upholds the appeal and annuls the commission (judgment 265/2024).
• June 29, 2026: the Supreme Court dismisses the appeals for cassation (judgment 802/2026, cassation 5151/2024).
• October 14, 2026: the Ministry of Culture, Linguistic Policy and Sport issues the execution resolution in Oviedo.
• October 26, 2026: the resolution is published in BOPA no. 207.

Scope of the execution

The resolution is signed by the minister Ana Vanessa Gutiérrez González and is limited to ordering the execution of the ruling and its official publication. The text does not detail the amount of the annulled commission, the current state of the works, nor the economic or contractual consequences derived from the annulment, details which do not appear in the published document.

The ruling affects three parties: the Ministry of Culture, Linguistic Policy and Sport as the body that issued the commission and now executes the annulment; TRAGSA, the company commissioned for the work; and the Candás music and choral band, the intended recipient of a rehearsal building whose construction is conditioned by the judicial process.

The publication in the BOPA closes the challenge process opened nearly four years ago and nullifies a direct commission to a public company for a municipal cultural infrastructure, which reinforces the requirement for justification and compliance with contracting regulations in commissions to own means. For the residents of Carreño and for the musical group, the decision means that any new step to provide the band with a rehearsal space must start from an administrative procedure different from the one annulled.

Source: Official Gazette of the Principality of Asturias, no. 207 of October 26, 2026, section I (Principality of Asturias, Other Provisions), page 1 (official reference: Code 2026-08439).