Court summons for the denial of extension to a Health Service nurse

The Administrative Litigation Court of First Instance number 2 of Logroño has ordered the summons of potential interested parties in the abbreviated procedure 230/2026, directed against the Riojan Health Service due to the denial of the extension of active service for a nurse. The announcement is published in the Official Gazette of La Rioja number 199, dated Thursday, October 15, 2026, within section III, Other Provisions and Acts, with the official reference BOR-A-20261015-III–3887 (page 17437). Those who can prove a legitimate interest have a period of nine business days to appear before the judicial body.

Who is litigating and why

The procedure pits the plaintiff Marina Cuadra Hernández against the Riojan Health Service as the defendant. The object of the appeal is the administrative resolution that denied the plaintiff, a nurse for the regional body, the extension of her stay in active service.

The summons is issued in compliance with the order of the judicial body via Decree of September 24, 2026, and is signed by the Human Resources Directorate of the Management of the Riojan Health Service, dated September 25, 2026.

Deadlines and effects of appearance

The published resolution details the conditions of the summons:

• Judicial body: Court of First Instance, Administrative Litigation section, number 2, based in Logroño.
• Type of process: administrative litigation.
• Case number: P.A. 230/2026.
• Appearance deadline: nine business days from the day following the notification.
• Consequence of failure to appear: the procedure will continue without further notifications to the interested parties.
• Processing: the summons will be incorporated into the administrative file, which will be forwarded to the requesting judicial body.

The regulatory framework for extension

The controversy is framed within article 26.2 of Law 55/2003, of December 16, of the Framework Statute of statutory personnel of health services, which makes the authorization of the extension in active service subject to the needs articulated in the human resources planning plans.

The Riojan Health Service established its interpretive criteria through a circular published in the Official Gazette of La Rioja number 174, dated September 10, 2026 (reference BOR-A-20260910-III–3473), in order to avoid discretion in the management of these requests and guarantee equal treatment. According to that text, statutory and civil servant personnel of the SERIS health centers may voluntarily request to extend their stay until reaching a maximum of 70 years of age, provided they prove the necessary functional capacity.

The circular requires three requirements:

• Report from the Occupational Risk Prevention Service of the Riojan Health Service certifying functional capacity; extension is not applicable when workplace adaptation is required for occupational health reasons.
• To have developed, in the year prior to the application, a volume of ordinary activity not lower than the average of the professionals of the respective service or unit.
• Not to have accumulated more than two months in temporary disability processes in the year prior to reaching the mandatory retirement age, except in the case of a work accident or professional illness.

The authorization is granted for a period of one year from the granting resolution and ends upon the expiration of that period, at the request of the interested party with at least one month’s notice, or when it is proven that the interested party no longer meets the required functional capacity, in which case a claims process is opened.

Relevance

The case brings to the courts the criteria by which the Riojan Health Service applies the extension of active service for its healthcare personnel, a matter that directly affects the job continuity of professionals nearing retirement age. The publication of the summons allows any person with a legitimate interest in procedure 230/2026 to appear before the file is forwarded to the court.

Source: Official Gazette of La Rioja, no. 199, of October 15, 2026, section III, page 17437 (official reference: BOR-A-20261015-III–3887).