The judge processes the entry into an INVIED military residence

The Administrative Litigation Court No. 3 of Cádiz has initiated the proceedings to authorize entry into an INVIED military residence located at Coronel Macías St. No. 6, 2-izq., in Cádiz, for the purpose of executing the eviction of its occupants. The resolution, a decree dated April 17, 2026, is published in the Official Gazette of the Province of Cádiz No. 198, of October 14, 2026 (reference No. 324.325), as the defendant could not be summoned at the provided address.

The edict, sent by the judicial body for insertion in the gazette, identifies the procedure as Authorization for entry into domicile 124/2026, with N.I.G. 1101245320260000427. The action being appealed is the forced execution of the eviction order and recovery of a residence belonging to the Institute of Housing, Infrastructure, and Equipment of the Defense (INVIED), as well as the eviction of all occupants of said military residence.

The request is filed by INVIED against José Gabriel Carro Manzano, the occupant of the residence. The decree was issued in Cádiz on April 17, 2026, and is now published in application of Article 107.2 of Law 29/1998, of July 13, regulating the administrative litigation jurisdiction, due to the impossibility of notification at the indicated address.

Prior referral to the Public Prosecutor’s Office

The judge agrees, in accordance with Article 8.6 of Law 29/1998 (LJCA), to initiate the corresponding file to process the request for entry. Before resolving, the petition and the submitted documentation are referred to the Public Prosecutor’s Office to provide a report within a period of five days, as the matter affects fundamental rights.

In parallel, notice is given to the defendant at the address indicated in the writing so that, within the same five-day period, they may make any allegations appropriate to their rights.

Notification to the occupant and deposit for appeal

The resolution is notified to the occupant of the military residence in accordance with Article 270 of the Organic Law of the Judiciary (LOPJ) and Article 150 of the Civil Procedure Law. The decree is signed by the Court Clerk Miguel Ángel Bragado Lorenzo, and the publication was requested by the jurisdictional body, signed by Mario de Serdio Ordóñez on September 24, 2026.

The challenge regime is as follows:

• Method: appeal for reversal (recurso de reposición) before the Clerk of the Administration of Justice (LAJ), filed at the judicial office.
• Deadline: five business days starting from the day following the notification.
• Formal requirement: state the infringement committed by the resolution; without this requirement, the challenge will not be admitted.
• Deposit: 25 euros, deposited into the deposits and consignments account of the judicial body, using code 00-Reposición.
• Exemptions: those recognized as having the right to free legal aid and the cases set forth in paragraph 5 of additional provision 15 of the LOPJ.

Neighborhood impact and impact on fundamental rights

The publication of the edict is due to the impossibility of personally summoning the occupant, such that the official bulletin serves as the notification channel. The procedure affects a fundamental right, the inviolability of the home, which obliges the judge to obtain a report from the Public Prosecutor’s Office before authorizing entry.

The resolution does not yet order the eviction: it opens the process to decide whether entry into the dwelling is authorized. The outcome will affect both the occupant and INVIED, the owner of the property, and will determine how the orders for the recovery of military housing in the province are executed.

Source: Official Gazette of the Province of Cádiz, No. 198, of October 14, 2026, Administration of Justice, p. 20 (official reference: No. 324.325).