Judge Gonzalo Pérez Sanz (here the sentence in PDF format) concluded that the linguistic profiles of the Kabia agency of the Provincial Council of Gipuzkoa are "disproportionate". Judge Gonzalo Pérez Sanz is right for the two workers reported in 2022: there has been a violation of fundamental rights and the demands of the Basque Country have "limited" access to public employment for both workers.

Thus, the Donostia-San Sebastian Court has suspended the employment offer approved in 2022 to stabilize 54 places in the residences of the elderly in Eibar, Irun, Oñati, Bergara and Tolosa. In particular, it has annulled the job offer by requesting levels B1 and B2 in Euskera in 49 places, considering that the linguistic profile is excessive and exclusive.

In most of the residences and day centers of the sixteen dependent elderly people of the organization, level B2 is necessary for caregivers, but there are also people who request level B1. The judge considers that these demands are based on the objective of "maximizing" the normalization of Euskera and "violating" workers' rights: "The difference between the workers who know Basque and those who know Spanish is very great," he added. In other words, the Basque country is valued "too much" in some places.

According to Euskadi Irratia, the Provincial Council of Gipuzkoa will have recourse to the ruling of the Provincial Court of Gipuzkoa.