Cassation appeals in the civil jurisdiction

Introduction

Law 1/2000 of January 7, 2000 on Civil Procedure (LEC) provides for two types of extraordinary appeals:

• Appeal in cassation before the Civil Chamber of the Supreme Court (SC). This is based on the infringement of substantive civil law, constitutional law and jurisprudential doctrine.
• Extraordinary appeal for procedural infringement. If in the course of the civil proceeding it is considered that there have been serious infringements.

What is a cassation appeal?

A cassation appeal is an extraordinary appeal against judicial decisions. The Supreme Court or the High Courts of Justice review the application of the law that has been previously carried out by the lower courts.

We must take into account the following particularities with respect to this appeal:

• It is a way of challenging a judgment issued in second instance. By which it will be possible to raise and obtain a new trial of what was debated in the litigation.
• It is an extraordinary appeal and is limited to questions of law.

What are its requirements?

The standing will be exercised and filed by the party that has been harmed in the second instance (art. 448.1 LEC). Because the appeal has been totally or partially dismissed against the first instance sentence.

The competence of this appeal will correspond to the First Chamber of the Supreme Court. Jurisdiction does not extend to appeals based on the infringement of foral law rules. The knowledge will be attributed to the Civil and Criminal Chamber of the High Courts of Justice of the Autonomous Communities. If the Statutes of Autonomy grant them such competence (art. 478.1 LEC).

The application shall be brought  with the preceptive form with lawyer’s assistance (art. 31.1 LEC) and procurador´s representation (art.23.1 LEC).

The term will be within 20 days following the notification to the Court that issues the decision subject to appeal.

The resolutions that can be challenged are included in article 477.2 LEC. The judgments issued in the second instance can be appealed in cassation. It will be necessary to see what is established in the Agreement on criteria for the admission of appeals in cassation adopted by the SC. By which, it is foreseen that the orders issued in the processes of recognition and enforcement of foreign judgments will be subject to appeal.

Finally, the grounds are provided for in art. 477 LEC. It will only be applicable for a single reason. Infringement of the rules applicable to resolve the issues that are the object of the process regulated in paragraph 1 of the said article.

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Requirements for the cassation appeal admission

The cassation appeal is an extraordinary appeal in the Supreme Court which depends on certain technical requirements. This means that there are a large number of inadmissible cassation appeals for not complying with all the required formalities.

What modalities do we find in this appeal in cassation?

Article 477.2 LEC establishes three types of cassation appeals. Only one of them can be invoked for the same appeal:

• On the grounds of the amount. It will be limited to processes in which the amount discussed in appeal or summa gravaminis exceeds 600,000 euros.
• For the civil judicial protection of fundamental rights. With the exception of those recognized in Article 24 of the Spanish Constitution.
• For reasons of court interest. Reserved for matters that are processed by reason of the subject matter and matters by reason of the amount. When they do not exceed 600,000 euros or are inestimable or undetermined.

What is the procedure?

The appeal must be filed before the Provincial Court that issued the judgment to be appealed. In addition, it may be filed together with the extraordinary appeal for procedural infringement.

The admission phase is probably the most difficult step. The causes of inadmissibility include, among others, non-compliance with the requirements mentioned above. Or incurring in a formal defect that cannot be remedied or has not been remedied. Also in the previously mentioned Agreement of the SC, the causes linked to defects in the cassation technique are listed.

And with respect to the correction of defects, they can be made in the process of the allegations. They will have 10 days when it is appreciated that there could be any cause of inadmissibility of the appeal that has been filed.

How many cassation appeals are filed and admitted before the Supreme Court?

According to the data of the General Council of the Judiciary, the number of cases filed in the First Civil Chamber has increased. Thus, in 2013, 3,579 were filed, reaching 5,781 matters in 2016.

The number of cases that have been resolved has been undergoing variations. In 2013, 3,953 were resolved (judgments and other resolutions), in 2014 there were 2,947, in 2015 there were 3,188, and in 2016 it continued to rise to 4,271. Therefore, the resolution rates were respectively 1.1, 0.75, 0.74, and 0.74 in 2016.

In the latter year, 2016, there were a number of 6,806 pending matters still unresolved.

Finally, the average response time was 11.7 months in 2013. Suffering an increase in 2015 of 15.4 months and decreasing a year later to 14.9 months.

Conclusions

This appeal cannot be lodged against all decisions. Only those that the Law understands that they can have access to the Supreme Court.

This type of appeal has a different purpose than the appeal procedure, since in the latter the grounds must be specified.

There are three types of cassation appeal: for the civil judicial protection of fundamental rights, by reason of the amount of the appeal and by reason of the interest of the appeal.

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