Key data
| Regulation | Resolution of October 9, 2026, from the National Institute of Health Management (INGESA) |
|---|---|
| Publication in BOE | October 26, 2026 |
| Entry into force | October 26, 2026 |
| Affected parties | Candidates and persons with legitimate interest in the positions of the Auxiliary Group of Administrative Function of INGESA in Ceuta |
| Category | Public Sector |
| Case number | 592/2026 |
| Judicial body | TSJ of Andalusia, Ceuta and Melilla — Administrative Litigation Chamber, seat in Seville |
| Claimant | Health Federation of CC.OO. of Ceuta |
| Challenged resolution | Resolution of April 23, 2026 (selective process call) |
| Deadline to appear | 9 business days from publication (October 26, 2026) |
The call for the competitive exam of INGESA for positions in the Auxiliary Group of Administrative Function in Ceuta, published in May 2026, is being challenged in court. The Health Federation of CC.OO. of Ceuta filed the administrative litigation case number 592/2026 before the Superior Court of Justice of Andalusia, Ceuta and Melilla, with seat in Seville.
The resolution now published in the BOE—of October 9, 2026—is the legal mechanism by which INGESA formally summons all interested parties so they can appear in the judicial process. The object of the challenge is the Resolution of April 23, 2026, which was the one that called the selective process.
What does this regulation establish?
This resolution does not modify the exam rules or directly suspend the selective process. What it does is comply with the legal obligation to summon interested parties so they can appear in the judicial proceeding as a defendant party, along with INGESA itself.
In practical terms, any person who has participated in the selective process called on April 23, 2026—or who has a legitimate interest in its outcome—has the right to appear before the TSJ of Andalusia, Ceuta and Melilla to defend the validity of the call. This right has a strict deadline: 9 business days from the publication of this summons in the BOE (October 26, 2026).
| Element | Detail |
|---|---|
| Challenged selective process | Competitive exam for positions of the Auxiliary Group of Administrative Function of INGESA in Ceuta |
| Original call | Resolution of April 23, 2026 (published in May 2026) |
| Claimant | Health Federation of CC.OO. of Ceuta |
| Competent court | TSJ of Andalusia, Ceuta and Melilla — Administrative Litigation Chamber, Seville |
| Case number | 592/2026 |
| Action activated by this resolution | Summons to interested parties to appear as defendants |
| Appearance deadline | 9 business days from October 26, 2026 |
Economic and operational impact
For candidates who have invested time, money and effort in preparing for these positions, the legal challenge introduces significant uncertainty. If the TSJ were to uphold CC.OO.'s challenge, the call could be annulled in whole or in part, which would imply the loss of the positions obtained or the repetition of the process.
From an operational standpoint, INGESA—as the calling body—must keep the full effectiveness of the appointments derived from the process in abeyance until the court rules, or continue the process assuming the risk of eventual later annulment.
For candidates, the cost of not appearing is potentially high: losing party status in the process means not being able to argue or defend their position before the court, remaining at the mercy of what INGESA and CC.OO. decide without their voice.
Who does it affect?
- Candidates who participate or have participated in the competitive exam of INGESA for positions of the Auxiliary Group of Administrative Function in Ceuta, called on April 23, 2026.
- Persons who have passed any phase of the selective process and have expectation of a position.
- Any person with legitimate interest in the outcome of the process (candidates on waiting lists, unions with representation in INGESA, etc.).
- INGESA itself, as the defendant body, which must manage the legal uncertainty about the process.
- Human resources managers of INGESA in Ceuta, who must monitor the status of the judicial proceeding before formalizing appointments.
Practical example
Imagine that a candidate—let's call him Marcos—has passed the tests of the INGESA competitive exam for a position in the Auxiliary Group of Administrative Function in Ceuta and is pending appointment. On October 26, 2026, the BOE publishes the summons of this resolution.
Marcos has 9 business days to consult with a lawyer specialized in administrative litigation, draft a motion to appear and submit it before the Administrative Litigation Chamber of the TSJ of Andalusia, Ceuta and Melilla (seat in Seville). If he does not do so within that deadline, the process will continue without him as a party: he will not be able to submit his own arguments or appeals, and will be bound by the judgment without having been able to influence it.
If the TSJ ultimately annuls the call at the request of CC.OO., Marcos's position would be void and the process would have to be repeated from the call resolution of April 23, 2026—or from the procedure that the court declares defective—.
What should interested parties do now?
- Verify if you participate in the selective process called by the INGESA Resolution of April 23, 2026 for positions of the Auxiliary Group of Administrative Function in Ceuta. If so, you are potentially an interested party.
- Act before the 9 business day deadline expires from October 26, 2026. Calculate the exact deadline excluding holidays and weekends.
- Consult with a lawyer specialized in administrative law to assess whether it is in your interest to appear as a defendant. Appearing is a right, not an obligation, but not doing so means giving up the opportunity to defend your position in the process.
- Prepare supporting documentation of your participation in the selective process (registration receipt, grades obtained, etc.) so that the lawyer can prove your legitimate interest before the court.
- Monitor the status of case 592/2026 before the TSJ of Andalusia, Ceuta and Melilla. Any judicial ruling can directly affect the validity of your position or the continuation of the process.
- If you are responsible for HR at INGESA in Ceuta: do not formalize definitive appointments derived from this process without first consulting the procedural status of the challenge, to avoid situations of subsequent nullity.
Frequently asked questions
What happens if I don't appear within the 9 business days?
If you do not appear within the 9 business day deadline from October 26, 2026, you will lose party status in the administrative litigation case 592/2026. This means you will not be able to submit your own arguments or appeals, and you will be bound by the judgment issued by the TSJ of Andalusia, Ceuta and Melilla without having been able to influence it.
Who challenged the INGESA competitive exams in Ceuta and why?
The Health Federation of CC.OO. of Ceuta filed the administrative litigation case 592/2026 against the Resolution of April 23, 2026 of INGESA, which called the competitive exam for positions of the Auxiliary Group of Administrative Function in Ceuta. The specific reasons for the challenge are not detailed in the summons resolution published in the BOE on October 26, 2026.
Before which court is the case being processed and where should I submit the motion?
The case is being processed before the Administrative Litigation Chamber of the Superior Court of Justice of Andalusia, Ceuta and Melilla, with seat in Seville. It is in that court where you must submit the motion to appear within the 9 business day deadline from October 26, 2026.
Can the competitive exam call be annulled if the TSJ upholds the challenge?
Yes. If the TSJ of Andalusia, Ceuta and Melilla upholds case 592/2026 filed by CC.OO., it could annul in whole or in part the Resolution of April 23, 2026 that called the selective process. This would mean that the positions obtained could be voided and the process would have to be repeated from the procedure declared null.
What positions are affected by this legal challenge?
The affected positions are those of the Auxiliary Group of Administrative Function of INGESA (National Institute of Health Management) in Ceuta, whose competitive exam call was published in May 2026 through the Resolution of April 23, 2026. The summons resolution does not specify the exact number of positions called.
Official source
View complete regulation in official source
Notice: 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-2026-22440