Osakidetza has invalidated the repetition of the anesthesiology competitive examination following a court ruling

Osakidetza-Basque Health Service has invalidated the repetition of two exercises carried out in the 2016-2017 competitive examinations in the category of anesthesiology and resuscitation. Resolution 1735/2026, dated October 13 and signed by General Director Miren Lorea Bilbao Arteche, has annulled and left without effect Resolution 755/2018, dated July 24, in compliance with Judgment 186/2026. The decision was published in issue number 204 of the Official Gazette of the Basque Country (Boletín Oficial del País Vasco) on October 26, 2026, with official reference 2026/4491.

Origin of an eight-year process

On February 5, 2018, Resolution 103/2018 established the general bases for the 2016 and 2017 calls; meanwhile, Resolution 111/2018, dated February 7, established the specific bases for the anesthesiology and resuscitation category. On May 26, Resolution 431/2018 published the results of the selective tests, and on July 24, Resolution 755/2018 ordered the repetition of two exercises—theoretical and practical.

The appeals for reversal filed against the repetition were dismissed by Osakidetza’s Administrative Council on September 21, 2018. Several applicants filed an administrative litigation appeal, which initiated abbreviated procedure 612/2018.

Precautionary suspension, dismissal, and reactivation

• Resolution 1333/2019, dated October 24, 2019, decided on the precautionary suspension of the 2016-2017 examination processes under judicial investigation (BOPV issue 207, October 30, 2019); this included the anesthesiology and resuscitation category.
• Order 581/2025, issued by the Provincial Court of Álava on September 16, 2025, decided to archive the proceedings regarding the alleged leakage of exams in preliminary proceedings 301/2019, as no evidence was found.
• Resolution 1740/2025, dated November 3, lifted the precautionary suspension, except for the category of plastic, aesthetic, and reconstructive surgery.
• The qualification board for anesthesiology and resuscitation, meeting on February 26, 2026, debated the appropriateness of reviewing Resolution 755/2018 to proceed with the process.

The judge recognizes full validity of the results

The Administrative Litigation Section of the Court of First Instance of Vitoria-Gasteiz, 3rd Court, issued Judgment 186/2026 on September 11, 2026, in abbreviated procedure 612/2018. The judge dismissed the appeal filed against the Administrative Council’s agreement of September 21, 2018, and decided that the process must continue, granting full validity to the results of the selective tests contained in Resolution 431/2018.

Invalidation and appeal process

The first part of the resolution annuls Resolution 755/2018, as a result of the court’s enforcement. The second part, following article 51 of Law 39/2015, maintains the validity of the ineffective proceedings. The fourth part provides for an appeal for reversal before the Administrative Council of Osakidetza, within a period of one month, according to article 122 of Law 39/2015.

Three categories, three resolutions on the same day

On the same day and in the same official gazette, Osakidetza published two similar decisions: Resolution 1734/2026 left Resolution 754/2018 without effect (angiology and vascular surgery), and Resolution 1733/2026 left Resolution 756/2018 without effect (cardiology). All three overturn the 2018 repetition order, but the one regarding anesthesiology is the direct enforcement of a judicial ruling.

For the applicants, the decisions end the uncertainty that had been in place since 2018: the tests will not be repeated and the results of Resolution 431/2018 have full validity, so that the processes may proceed. However, the route for appeal remains open, and it can be contested within a period of one month.

Fuente: Official Gazette of the Basque Country, number 204, October 26, 2026, Other provisions (official reference: 2026/4491).