The courts have approved the requirement of a B2 level in Catalan to become a civil servant at the Port Authority of the Balearic Islands.

PalmThe High Court of Justice of the Balearic Islands (TSJIB) has dismissed the appeal filed by the CSIF union against the rules of a merit-based competition held by the Port Authority of the Balearic Islands (APB) to stabilize the use of four administrative positions. The ruling, issued on July 24, 2025, upholds the requirement of a B2 level of Catalan as a mandatory requirement, which it considers proportional and in accordance with the law.

The union argued that requiring a B2 level of Catalan violated the principles of equality, merit, and ability, and also questioned other aspects of the selection process, such as the lack of technical tests and the evaluation of merits based on experience and training. However, the court concluded that the requirement was reasonable and necessary, given that the positions were located in Mallorca, where Catalan is an official language, and whose functions included customer service and administrative management.

The ruling emphasizes that "requiring knowledge of Catalan with a B2 level qualification is legally justified because it is based on an objective and reasonable justification based on the duties these employees will be required to perform. It is proportional, given the required B2 level, and does not constitute arbitrary or indirect discrimination." Furthermore, the court emphasizes that the required level is accessible, since "students who complete Compulsory Secondary Education (ESO) and those who complete Baccalaureate with a certain number of hours of Catalan have a level of Catalan comparable, depending on the case, to B1, B2, or C1 certificates."

Merit competition

Regarding the lack of technical tests, the TSJIB (High Court of Justice of the Basque Country) recalled that the merit-based selection system is valid and provided for in current regulations. "The merit-based selection system is one of the selection systems for permanent employees, and it is not mandatory to always resort to competitive examinations or competitive examinations," the ruling states. This system focuses on assessing the experience and training of applicants, which is appropriate in job stabilization processes. Regarding the assessment of merits, the court rejected the allegations of discrimination, stating that "the distinction exists exclusively based on the service area where the employee has performed their duties, regardless of the location or territory in which they have performed their duties." The ruling clarifies that the points awarded for professional experience and training are objective and reasonable, and do not favor APB workers over other applicants in the state-owned public port sector.

With this ruling, the court reaffirms that the rules of the competition comply with the principles of equality, merit, and capacity, dismissing the appeal in its entirety and imposing the costs of the proceedings on the appellant union, limited to a maximum of €1,000.

Those interested in appealing the decision have 30 days to file an appeal before the Supreme Court or the TSJIB (High Court of Justice). The ruling sets an important precedent in the evaluation of Catalan proficiency as a requirement in selection processes in the Balearic Islands and reinforces the official status and use of the language in the public sphere.