The TSJEX annuls the award of a healthcare contract worth 45,837 euros

The High Court of Justice of Extremadura (TSJEX), Administrative Litigation Chamber, has annulled the award of contract SERCPA25024, regarding sanitary measures in water bodies, which the Junta de Extremadura granted to Soluciones y Gestión Ambiental Ictios Consulting, SL for 45,837.51 euros (VAT included). The General Secretariat of the Ministry of Agriculture, Livestock, and Natural Environment has ordered the execution of final judgment 420/2026, dated July 9, in a resolution published in the Official Gazette of Extremadura (DOE) No. 211, dated November 3, 2026, with official reference 2026062732.

The resolution stems from ordinary proceeding 658/2025, brought by Fomento de Técnicas Extremeñas, SL (FOTEX) against the Junta de Extremadura. The object of the litigation was the resolution of the Ministry of Forest Management and Rural World that awarded contract SERCPA25024, titled “Actions for the application of sanitary measures to improve the conditions of water bodies in Extremadura as a result of fish kill episodes or overpopulation.”

The published text dates that award resolution as September 25, 2025, while the transcribed ruling dates it as September 29, 2025. The contract amount is listed as 45,837.51 euros including VAT, equivalent to 44,517.04 euros excluding taxes.

Retroaction to the moment prior to exclusion

The operative part of judgment 420/2026 upholds the appeal by FOTEX and annuls the award, with the procurement procedure being retroacted “to the moment immediately prior to the decision to exclude it” so that the processing may continue in accordance with the Law. The ruling also contains these pronouncements:

• Full upholding of the administrative litigation appeal filed by Fomento de Técnicas Extremeñas, SL.
• Annulment of the resolution awarding contract SERCPA25024 to Ictios Consulting.
• Retroaction of the file to the moment prior to the exclusion of the appellant, without ruling on the award itself.
• Imposition of costs on the defendant Administration, within the established limit.

The same jurisdictional body declared the judgment final via Decree of October 2, 2026, which enables the administrative execution of the ruling.

Legal basis of the execution

The resolution invokes Article 40.1 of Decree 1/2022, of January 12, which assigns the material execution of final judgments to the body competent by reason of the subject matter of the litigation. It also relies on Decree 59/1991, of July 23, which regulates the administrative processing of the execution of judicial resolutions (DOE no. 58, of July 30): its Article 8 assigns execution to the body that issued the act that originated the process, and its Article 9 requires the issuance of the compliance resolution within a period of two months.

The framework is completed by Article 103 et seq. of Law 29/1998, of July 13, regulating the Contentious-Administrative Jurisdiction; Law 1/2002, of February 28, of the Government and Administration of the Autonomous Community of Extremadura; and Decree 233/2023, of September 12, on the organic structure of the Ministry of Agriculture, Livestock, and Sustainable Development.

Body assuming compliance

Execution corresponds to the General Secretariat of the Ministry of Agriculture, Livestock, and Natural Environment, acting by delegation conferred in the Resolution of August 2, 2023, of the Minister. The document appears signed in Mérida on October 26, 2026, by the general secretary, José María Guerrero Pérez, with the specification that he exercises competence by delegation of the Resolution of May 11, 2026 (DOE no. 89, of May 12).

Article 9 of Decree 59/1991 further requires that the compliance resolution be published in the Official Gazette of Extremadura when it annuls or modifies the challenged act, a circumstance that occurs in this case by nullifying the award.

Impact

The decision returns the file to a stage prior to the exclusion of the appellant and nullifies an award of 45,837.51 euros charged to public funds, while imposing costs on the regional Administration. The ruling reinforces judicial control over the procurement procedures of the Junta de Extremadura and obliges the Ministry to restart the processing of the health contract in accordance with the judgment.

Source: Official Gazette of Extremadura (DOE), no. 211, of November 3, 2026, section II Authorities and Personnel (official reference: 2026062732).