Education executes the 41,519 euro sentence for the Luanco dining hall

The Department of Education of the Principality of Asturias has ordered the execution of the final judgment that condemns the regional Administration to pay 41,519.13 euros to Ausolan RCN, S. L. U. for the maintenance of the dining and security services at the La Vallina Public School in Luanco. The decision is formalized in the Resolution of September 18, 2026, published in the Official Gazette of the Principality of Asturias (BOPA) No. 190, of October 1, 2026, within section I, “Principality of Asturias. Other Provisions,” under official reference 2026-07813. The ruling mandates the recognition and payment of economic compensation for the extraordinary extension period during which the company continued to provide the service despite the contract having expired.

The conflict began with the claim filed by the contractor on May 2, 2024, which was dismissed due to the Administration’s negative silence. Ausolan RCN, S. L. U. then appealed to the Administrative Litigation Chamber of the High Court of Justice of Asturias, which processed ordinary procedure P. O. No. 503/2025 and issued a judgment on May 19, 2026. That resolution, now final, declares that the administrative action “is not in accordance with the legal system” and condemns the defendant to pay the claimed amount.

The contract subject to the litigation is the “Dining and security service at the La Vallina Public School in Luanco for the period from December 2017 to June 2018 and the school years 2018/2019 and 2019/2020,” identified by File No. SER 29/2017. The link was terminated due to the expiration of the contractually and legally established term on December 15, 2020, but the provision was maintained de facto for more than three years.

The ruling: compensation for the extraordinary extension

The judgment fully upholds the appeal and sets the compensation for the period between January 2021 and March 12, 2024, namely, the years in which the company continued managing the school’s dining and security without current contractual coverage. The now-published resolution orders to “execute in its own terms” that ruling, leaving no room for reinterpretations by the Department.

The pronouncement also includes the imposition of costs on the party whose claims were all rejected, with the maximum limit set in the judgment itself. The Administration has not announced any appeal: the judgment became final and its content is now transferred to the Gazette as a preliminary step to payment.

The execution process and the role of the Legal Service

To implement the ruling, the Department applies the procedures provided for in Article 26 of Decree 20/1997, of March 20, which regulates the organization and functioning of the Legal Service of the Principality of Asturias. This regulatory procedure dictates how the Administration must comply with final judicial resolutions that condemn it.

The resolution consists of two sections:

• First: execute the ruling of the judgment in its own terms, with a literal reproduction of its wording.
• Second: order the publication of the resolution in the Official Gazette of the Principality of Asturias.

The document is signed in Oviedo, on September 18, 2026, by the Minister of Education, Eva Ledo Cabaleiro.

Chronology of the conflict

• December 2017 – June 2018 and academic years 2018/2019 and 2019/2020: validity of the dining and security service contract (File SER 29/2017).
• December 15, 2020: termination of the contract due to the expiration of the contractually and legally established term.
• January 2021 – March 12, 2024: extraordinary extension period subject to financial compensation.
• May 2, 2024: claim by the contractor, dismissed by negative silence.
• May 19, 2026: judgment of the TSJ of Asturias in P. O. 503/2025, subsequently final.
• September 18, 2026: resolution of the Department of Education ordering the execution.
• October 1, 2026: publication in BOPA no. 190.

Impact

The resolution confirms a relevant criterion for contractors of the Principality: when the Administration keeps a public service operational after the contract has expired, it must financially compensate the provider for that period of forced extension. The case of the Luanco school canteen thus sets a precedent regarding the economic consequences of irregular extensions in educational contracts, with a direct cost of 41,519.13 euros to the regional treasury and the added condemnation of costs.

Source: Official Gazette of the Principality of Asturias, no. 190 of October 1, 2026, section I “Principality of Asturias. Other Provisions”, page 1 (official reference: 2026-07813).