Last Updated June 20, 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.

The Court of Appeal shall only decide on the pleas upon which the appeal or the written statements contesting the appeal are based. Thus, the role of the Court of Appeal is to review the approach of the appealed decision to such pleas and rule on its rightfulness.

Admission of evidence in the context of an appeal is restricted to the following categories:

  • any evidence that may have been unduly rejected in the first instance, as long as the decision dismissing such evidence has been appealed or the appropriate protest filed at the hearing;
  • any evidence proposed and admitted in the first instance which could not be produced for reasons not attributed to the applicant;
  • any evidence relating to relevant facts for the decision on the case that may have occurred after the time limit to issue a judgment in the first instance had commenced, or after such time limit had expired, as long as in the latter case the party can prove they became aware of such evidence subsequently.

The rule behind such restriction on the submission of evidence is that all points discussed during the appeal must have been raised by the parties at first instance. Therefore only new facts are permitted to be introduced over the course of the appeal proceedings.

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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