Legal action against Civil Service Administrative Body Civil Service 2025 opposition exam results: what approved candidates must do

Key data

Opposition exam candidates who passed the opposition phase of the selection process for the Civil Service Administrative Body (December 2024 call) face a situation they did not expect: an administrative litigation case may alter the result of the selection process in which they appear as approved.

Ms. Marta de la Torre Cañas filed case 338/2026 before the Madrid High Court of Justice, Administrative Litigation Chamber, Third Section, against the resolution that dismissed her appeal regarding said list. The Under-Secretariat for Inclusion, Social Security and Migration published on July 6, 2026 in the BOE a summons for interested parties to appear as defendants.

The deadline is nine days from that publication. Failure to act may have direct consequences on the position obtained.

What does this regulation establish?

The Resolution of June 24, 2026 from the Under-Secretariat for Inclusion, Social Security and Migration has a single purpose: to summon interested parties in administrative litigation case 338/2026 to appear as defendants before the Madrid High Court of Justice.

The origin of the dispute is as follows:

• Social Security called a selection process for the Civil Service Administrative Body in December 2024.
• A list was published with opposition exam candidates who passed the opposition phase.
• Ms. Marta de la Torre Cañas filed an appeal against that list, which was dismissed.
• Following that dismissal, she filed the administrative litigation case 338/2026 before the Madrid High Court of Justice, Administrative Litigation Chamber, Third Section.
• The Under-Secretariat now summons all opposition exam candidates appearing in the challenged list to appear in the process as defendants, if they deem it appropriate.

In practical terms: the claimant asks the court to review whether the list of approved candidates is correct. If the Madrid High Court of Justice upheld the case, that list could be modified, with direct consequences for those appearing in it.

Economic and operational impact

For affected opposition exam candidates, the impact is not economic in the strict sense, but professional and vital: a position in the Civil Service Administrative Body means job stability, fixed salary and career development in the Public Administration.

The specific risks if the case were upheld are:

• Modification of the list of approved candidates in the opposition phase.
• Possible exclusion of an opposition exam candidate from the selection process or alteration of the order of precedence.
• Delay in the final resolution of the selection process and in appointments.

From an operational perspective, appearing in the legal process involves hiring legal representation (solicitor and lawyer), which entails costs that each opposition exam candidate must weigh against the risk of not appearing. Failure to appear does not automatically mean losing the position, but it does mean renouncing the opportunity to actively defend one's position in the litigation.

Who does it affect?

• Opposition exam candidates who passed the opposition phase of the selection process for the Civil Service Administrative Body, called in December 2024, and who appear in the challenged list.
• Opposition exam candidates on waiting lists who could be benefited or harmed depending on the outcome of the case.
• Opposition exam advisors and preparers who accompany candidates in this selection process.
• Human Resources departments of Social Security, whose planning of new hires may be affected by the judicial resolution.

Practical example

Imagine you are one of the opposition exam candidates appearing in the list of approved candidates in the opposition phase of the Civil Service Administrative Body (December 2024 call). On July 6, 2026, the resolution is published in the BOE summoning you to appear as a defendant in case 338/2026 before the Madrid High Court of Justice.

You have nine calendar days to decide whether to appear. If you decide to appear, you must appoint a solicitor and lawyer to represent you before the Madrid High Court of Justice. If you do not, the process will continue without your active participation: if the court upheld the case and your position in the list were affected, you would not have been able to argue anything in your defense.

The decision to appear or not depends on your position in the list and the risk you perceive. In any case, the nine-day deadline does not allow for delay: consult an administrative law specialist as soon as possible.

What should affected parties do now?

1. Check if you appear in the challenged list. Verify that your name appears in the list of opposition exam candidates who passed the opposition phase of the selection process for the Civil Service Administrative Body (December 2024 call). This is the list subject to case 338/2026.
2. Act before the 9-day deadline expires. The deadline to appear as a defendant is nine days from July 6, 2026. Do not wait until the last moment: the procedures for appointing a solicitor and lawyer require time.
3. Consult an administrative law specialist. Only a professional can assess the specific risk to your position in the list and advise you on whether it is worthwhile to appear in the legal process.
4. Appoint a solicitor and lawyer if you decide to appear. Representation before the Madrid High Court of Justice requires an authorized solicitor and lawyer. They must act within the nine-day deadline.
5. Follow up on the legal proceedings. Even if you do not appear, case 338/2026 will continue its course. Stay informed about the Madrid High Court of Justice's resolution, as it may directly affect your position.

Official source

Consult complete regulation at official source

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-14642