The TSJCV annuls three provisions of the Valencian decree on mobile health units

The Fourth Section of the Contentious-Administrative Chamber of the High Court of Justice of the Valencian Community (TSJCV) has declared unlawful and annulled three provisions of Decree 127/2025, of September 5, of the Consell, which regulates the use of mobile health units by occupational risk prevention services. The ruling of Judgment number 236/2026, of June 30, has been made public by edict in the Official Gazette of the Generalitat Valenciana (DOGV) no. 10474, of October 20, 2026, with official reference DOGV-C-2026-32167.

The edict, signed in Valencia on October 14, 2026, by the administration of justice lawyer Mónica Rubio Solanes, reproduces the operative part of the resolution issued in ordinary procedure number 260/2025. The judgment partially upholds the contentious-administrative appeal filed by the Business Confederation of External Prevention Services (CEMSEPA) and by the National Association of External Prevention Services (ASPREN) against the aforementioned decree of the Consell, published in DOGV no. 10190, of September 9, 2025.

The three annulled provisions

The ruling declares unlawful and expressly annuls the following sections of Decree 127/2025:

• Article 8.3 of the challenged decree.
• Article 5.2, letter c), of the same decree of the Consell.
• Article 3.3, in fine, in the phrase that closes the section: “and must have the same human and material resources as fixed health centers.”

The annulment of the third provision is, therefore, partial: it affects only the final phrase of the section, which requires mobile health units to have the same human and material resources as fixed health centers. The remainder of Article 3.3 remains in force.

Appeal upheld only in part

The court dismisses the appeal “in all other respects,” meaning that the majority of the Consell’s decree remains in effect following the judgment. The resolution does not impose legal costs on any of the parties.

The procedure was processed in the Fourth Section of the Contentious-Administrative Chamber of the TSJCV under number 260/2025, and the judgment is dated June 30, 2026. The appellants are two entities representative of the external prevention sector: CEMSEPA, of a business scope, and ASPREN, of a national scope.

Publication of the ruling in the DOGV

The edict is inserted in section I of the official gazette, dedicated to general provisions, in compliance with the provisions of article 72.2 of the Law of Contentious-Administrative Jurisdiction (LJCA), which requires the ruling to be published in the official bulletin once the judgment is final.

The published text includes the literal transcription of the operative part and the identification of the judicial body, the procedure, and the challenged regulation, with express reference to the DOGV number in which the decree, now partially annulled, was published.

The judicial decision affects the regulation framing the activity of mobile health units of occupational risk prevention services in the Comunitat Valenciana, a field in which both internal and external prevention services operate. The annulment of the three provisions necessitates a review of the requirements that the decree imposed regarding the human and material resources of those units, and nullifies the specific conditions set forth in the deleted sections. For the external prevention companies, who were the promoters of the appeal, the ruling represents a partial endorsement of their arguments, while the Consell keeps the majority of the decree intact.

Source: Diari Oficial de la Generalitat Valenciana, no. 10474, October 20, 2026, section I. General provisions (official reference: DOGV-C-2026-32167).