ORIHUELA, Spain — A court has ruled in favour of Orihuela City Council in a dispute over the forced retirement of former Local Police commissioner José María Pomares, rejecting his legal challenge for reinstatement and compensation.
Administrative Court No. 1 of Elche dismissed Pomares’ appeal against the council’s decision to retire him at the age of 65 in September 2025. The ruling also orders him to pay €500 in legal costs. He has 15 days to lodge an appeal.
Pomares had sought to remain in his post until the age of 67, arguing that under applicable regulations retirement at 65 should be voluntary if sufficient pension contributions have been made. He maintained that, in his case, mandatory retirement should apply at 66 years and eight months or later, and requested reinstatement until 2027 along with financial compensation for lost earnings and benefits.
However, the court sided with the council, concluding that the enforced retirement at 65 was lawful and consistent with regulations governing local police officers. The judge also rejected claims of discrimination, noting that the provisions cited by Pomares apply to different professional groups and not to municipal police forces.
The dispute originated after the council’s Department of Human Resources, led by Councillor Agustina Rodríguez, denied Pomares’ request to extend his service and formalised his retirement. His legal action followed a series of administrative appeals, all of which were unsuccessful.
In its defence, the City Council argued that Pomares had already met the contribution requirements to receive a full pension, undermining his claim for extended service on financial grounds. The court endorsed this position, stating there was no evidence of unequal treatment.
The case forms part of a broader and highly public dispute between Pomares and the municipal government. Prior to his retirement, disciplinary proceedings had been opened against him for a serious offence, although these were closed once he left the force. Shortly afterwards, Rubén Selma was formally appointed as the new head of the Orihuela Local Police.
Since his retirement, Pomares has remained publicly critical of the council, frequently voicing his objections through social media. He has also pursued other professional opportunities within municipal structures, including senior posts in public companies, while questioning the transparency of certain appointments.
The ruling effectively closes a key chapter in the dispute, reinforcing the council’s authority over retirement policy within the local police force.
