The magistrate, who had secured a position in Galicia through a voluntary transfer competition, had requested the CGPJ's Permanent Commission to waive her claim to the post due to unforeseen family circumstances. This request was made after the competition's resolution was published in the Official State Gazette (BOE) on January 20th.

Initially, the Permanent Commission rejected the resignation, arguing that the request contradicted the obligation to take up the post, as stipulated by the Organic Law of the Judiciary (LOPJ).

However, the CGPJ's plenary session has now upheld the appeal against this decision. In a statement, the judicial body explained that, in a "strictly exceptional and non-generalizable" manner, circumstances were found that allow for the declaration of the ineffectiveness of the awarded position. This is because neither the cessation from her previous role nor the assumption of the new post had occurred, and no harm to third parties or disruption to public service had been generated.