Last Updated June 17, 2019

Law and Practice

Contributed By Pérez-Llorca

Authors



Pérez-Llorca Pérez-Llorca has a Litigation & Arbitration practice in both its Madrid and Barcelona offices. The team is composed of eight partners, two counsel and 35 other qualified lawyers. Lawyers act for clients before all legal forums throughout Spain, and focus on both commercial litigation and international and domestic arbitration. The firm has extensive experience in defending clients’ interests before the Public Administrations, and before the CJEU (Court of Justice of the European Union). The lawyers have broad experience in complex cases relating to corporate issues, shareholders’ disputes, directors’ liability, contractual disputes, unfair competition, intellectual property, energy, construction, engineering, insurance, banking, tort liability, privacy and personal image, and restructuring and insolvency.

Decisions rendered by the Courts of First Instance need not comply with any specific requirements in order to be appealable to the Provincial Courts. The sole exception to this rule are the judgements issued in oral trials for amounts below EUR3,000, which cannot be appealed.

On the other hand, decisions rendered by the Provincial Courts shall follow the rules concerning the extraordinary appeals before the Supreme Court, which must comply with certain requisites to be admissible.

In order for the Supreme Court to accept to process the extraordinary appeal for breach of procedure it must be based on the following grounds:

  • a breach of the rules with objective or functional jurisdiction and competence;
  • a breach of the procedural rules governing the judgment;
  • a breach of the legal rules governing the procedures and safeguards of the proceedings, where such breach gives rise to their nullity in accordance with the law or could have caused a lack of proper defence;
  • a violation of the fundamental rights recognised by Article 24 of the Spanish Constitution in the civil procedure.

The above-mentioned infringements must be raised by the party who intends to lodge the appeal at the same stage of the proceeding as when the infringement or violation has taken place.

In order for the Supreme Court to agree to process the appeal in a court of cassation for infringement of the law, in terms of the details of the case, at least one of the following requirements must be met:

  • the case seeks to protect fundamental rights (except for those foreseen in Article 24 of the Spanish Constitution, which are arguable under the extraordinary appeal for breach of procedure);
  • the cost of the proceedings exceeds EUR600,000.

The decision on the appeal has reversal interest.

Pérez-Llorca

Paseo de la Castellana, 50
28046 Madrid

+34 91 436 04 20

+34 91 436 04 30

info@perezllorca.com www.perezllorca.com
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Authors



Pérez-Llorca Pérez-Llorca has a Litigation & Arbitration practice in both its Madrid and Barcelona offices. The team is composed of eight partners, two counsel and 35 other qualified lawyers. Lawyers act for clients before all legal forums throughout Spain, and focus on both commercial litigation and international and domestic arbitration. The firm has extensive experience in defending clients’ interests before the Public Administrations, and before the CJEU (Court of Justice of the European Union). The lawyers have broad experience in complex cases relating to corporate issues, shareholders’ disputes, directors’ liability, contractual disputes, unfair competition, intellectual property, energy, construction, engineering, insurance, banking, tort liability, privacy and personal image, and restructuring and insolvency.

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