In accordance with the wording of article 41 of Law 39/2015, of October 1, on the common administrative procedure of public administrations (LPACAP), the interested person can identify in their requests a device email address and/or an email address used to send notices for notification purposes.
The Administrations, therefore, must send a notice to the electronic device and/or the email address indicated in the form, to inform the interested person of the provision of a notification to the electronic headquarters or address single electronics enabled.
Now, despite this obligation of the Administration to send the notice of notification whenever the interested person has expressed the will to receive it, the last paragraph of article 41 of the LPACAP establishes that the lack of practice of this notice does not prevent the notification from being considered fully valid.
In other words, the absence of notice does not constitute a defect in form that invalidates the practice of notification.
Consequently, it does not seem logical that the non-sending - despite the fact that it may cause damage to a third party - is alleged as an abnormality in the processing of the procedure that could give rise to the assumption of " abnormal functioning of a public service " , necessary for the patrimonial responsibility of the Public Administration to take place.
Article 41. General conditions for the practice of notifications.
" 1. [...]
Regardless of the medium used, notifications are valid as long as they allow us to record their sending or making available, the reception or access by the interested party or their representative, their dates and times, the entire content , and the authentic identity of the sender and recipient. Accreditation of the notification made is included in the file
6. Additionally, the interested party can identify an electronic device and/or an email address that serve to send the notices regulated by this article, but not to practice notifications.
Regardless of the fact that the notification is made on paper or by electronic means, public administrations must send a notice to the electronic device and/or to the e-mail address of the interested party that he has communicated, to inform him of the making available of a notification to the electronic headquarters of the Administration or corresponding body or to the unique authorized electronic address. The lack of practice of this notice does not prevent the notification from being considered fully valid."