Elche are set to begin next season in the Segunda Division after a second appeal over relegation from the Primera Division due to unpaid taxes and wages was rejected.
Elche beat the drop at the end of the 2014-15 campaign by finishing 13th but were relegated by the Spanish Football League (LFP) in June.
Their appeal to the Court of Arbitration for Sport was rejected last week and now a further appeal to the Spanish National Court has also been thrown out, with Eibar due to take Elche's place in the top flight.
A court statement on Tuesday said that the judge had decided to "maintain the resolution of the Court of Arbitration for Sport to sanction Elche to relegation to the Second Division."
In response, Elche have described the measures as 'completely disproportionate' and that they intend to continue the fight, saying in a statement they will "exercise whatever action is available to defend their interests".
Elche have 15 days to appeal Tuesday's ruling.
Source: PA
