A ruling has annulled the dismissal of Juan Ruiz López as the general director of Sports at Málaga City Council and orders his reinstatement retroactively from June 2023.
The Administrative Court number 2 of Málaga has issued a ruling that obliges Málaga City Council to reinstate Juan Ruiz López in his position as general director of Sports, from which he was dismissed on June 30, 2023. The ruling, which this newspaper has accessed, considers that the dismissal did not comply with legal standards and annuls the contested administrative acts.
The resolution acknowledges Ruiz López's right to be reintegrated into his position with economic and professional effects from the date of his dismissal. Additionally, it imposes the legal costs of the process on the Málaga City Council as the defendant. The City Council may still appeal to the High Court of Justice of Andalusia (TSJA), meaning the ruling is not final.
A career civil servant dismissed from a freely appointed position
Juan Ruiz López, a trained lawyer, entered Málaga City Council through competitive examination as a civil servant. Before his appointment as general director of Sports in 2019, he held the position of head of operational services for Parks and Gardens. It was the then Sports Councillor, Noelia Losada, who appointed him to the freely appointed position.
Following his dismissal, Ruiz López filed an administrative contentious appeal. The court has upheld his claims and declares that the dismissal violated the principle of legality, although the ruling does not detail the specific reasons for the legal flaw. The ruling mandates his reinstatement as general director, a position currently held by Daniel Pérez.
The economic implications of the reinstatement are yet to be determined. Sources close to the case indicate that it could amount to €240,000 corresponding to unpaid salary since June 2023, plus legal interest. The City Council will also have to bear the legal costs.
A possible precedent for other freely appointed positions
The case transcends Ruiz López's individual situation. According to judicial sources, there are other officials in similar circumstances both in Málaga City Council and in other public administrations, who are awaiting this ruling to decide whether to take legal action. The criteria applied could extend to any freely appointed position that is dismissed without sufficient justification.
Currently, Ruiz López remains a municipal civil servant assigned to the Environmental area, a position he obtained through competitive examination before his time as general director. The ruling, if not appealed or confirmed on appeal, would allow him to regain his previous executive position.
For the residents of Málaga, this judicial decision serves as a reminder of the legal limits in the management of personnel by the City Council. The Council must now decide whether to appeal or comply with the ruling, which will determine the future of Ruiz López and other similar cases. The deadline for filing an appeal is 15 working days from the notification of the ruling.
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