The Administrative Tribunal of Navarra has annulled the Agreement of the Management Board of the Berrikilan Public Society, dated 11 June 2020, approving the Economic and Administrative Clauses for the procurement of the management of the bar and complementary areas of the municipal sports club of Berriozar. Through it, the court has annulled the petitioners’ request for the use of Euskera.
In particular, it has annulled the following two technical requirements requiring: "The successful tenderer will ensure that the staff directly attending the public has the ability to communicate verbally in Basque (B2)" and "will guarantee the presence in the Basque media (television, radio, press, music)". The municipal group of Navarra Suma brought an action against them in the City of Berriozar.
The prescriptions and requirements relating to linguistic competence in Basque are contrary to the legal system, according to the resolution. "Neither European nor national nor foral regulations allow unimaginable economic or innovation, environmental, social or employment conditions to be imposed," the court said in a statement.
As to the clause or condition that the successful tenderer of the contract guarantees the presence of media in Basque at the premises, the court understands that: "If this requirement does not imply the presence of these Spanish media outlets, the condition of performance of the contract is also discriminatory on the grounds of language".
The Council of the Basque Country and the Observatory on Linguistic Rights have condemned the court's decision by denouncing that the Administrative Court of Navarra is "repeatedly invalidating" the measures to guarantee the rights of borrowers.
Euskalgintzaren Kontseiluak eta Bizkaiko Foru Aldundiko langileak elkarretaratzea egin dute langileen egonkortzearen eta euskalduntzearen alde.