BOPV announces the judicial appeal against the Osakidetza Administration OPE.

The Contentious-Administrative section of the Court of First Instance of Vitoria-Gasteiz has opened abbreviated proceedings number 303/2026 against Osakidetza. The case summons all third parties interested in having Resolution 252/2026 (issued on 12 February 2026 by the Directorate of Human Resources and referred to in the agreement as “252/2025” due to a typographical error) declared null and void to appear in the trial. This notice has been published in BOPV issue 2026/3651, on 18 August 2026.

The subject matter of the case is as follows: in the 2020-2021-2022 OPE —the instrument of Osakidetza-Servicio Vasco de Salud—, in the Administrative Officer category, through the open shift route, those resolutions validate the assignment options and the volume of results granted to all applicants who may have the right to obtain a post in the healthcare service organisations of Osakidetza.

Based on Article 49 of Law 29/1998 (the law of 13 July 1998 regulating the Contentious-Administrative Jurisdiction), the notice gives third parties interested less than four days to appear before the court. The period is counted from the day following publication in the BOPV, but an important legal mechanism has been added: this same notice is also published in the BOE, in accordance with Article 44 of Law 39/2015 (of 1 October 2015, on the Common Administrative Procedure), thereby ensuring notice beyond the territorial level.

Details of the trial process

• Court: Contentious-Administrative section of the Court of First Instance of Vitoria-Gasteiz
• Proceedings: abbreviated, number 303/2026
• Resolution challenged: number 252/2026, issued on 12 February 2026, signed by the Directorate of Human Resources of Osakidetza
• Subject matter: list of applicants with volume of results and assignment options, Administrative Officer category, open shift, 2020-2021-2022 OPE
• Purpose: posts in the healthcare service organisations of Osakidetza
• Notice date: published in the BOPV on 18 August 2026; also published in the BOE

Who signed it and when

The notice is signed in Vitoria-Gasteiz on 11 August 2026, and has been signed by MAITEDER MIELGO RUBIO, Deputy Director of Legal Advisory Services of Osakidetza. Thus, both public bodies —a court of the Basque Country and the public healthcare organisation Osakidetza— work together to guarantee administrative justice.

Notice addressed to third parties interested

The objective is clear: it is communicated to those people who may be directly affected by the outcome of the proceedings —especially those who took part in that competitive examination process and may have the opportunity to obtain a post— that they have the option to defend their rights. This does not mean that the claimant will win or is bound to lose; much less does it make any comment on a case that the Court has not yet decided. In fact, this judicial step forward merely ensures that the procedure will be thoroughly examined and that those who may be affected will be heard.

Summarizing the main guidelines: a public administration —Osakidetza— adopted a decision regarding its staffing operations on February 12; a court —Vitoria-Gasteiz— received a claim against it; and now, as required by law, anyone who wishes to take part in the proceedings is notified. That is the ordinary functioning of administrative justice: transparency, participation, and the search for truth through adversarial proceedings.

Source: Boletín Oficial del País Vasco (BOPV), 2026/3651, 2026-08-18, Announcements (official reference: BOPV-2026/3651, doc. 2603651a).