Contributed By Pérez-Llorca
The appellate court can confirm the judgment subject to appeal or set aside such judgment partially or fully. In case of the latter, the appellate court renders its own judgment, which shall include a decision exclusively on the matters raised in the appeal or in the written statements opposing to the appeal. The appellate court’s judgment cannot be more damaging to the party who has appealed the decision than the judgment rendered by the Court of First Instance.
When the nullity of the procedures is the object of the appeal, the appellate court shall declare such nullity if it considers that a breach of procedure has taken place. Consequently, unless the breach can be rectified at the time of the appeal, the appellate court must reverse the proceedings to the stage when the breach was committed.