More than one was thinking about the summer holidays and just a few days before, we were surprised by the new regulation of the civil cassation appeal that the Spanish legislator has promoted through Royal Decree 5/2023 of 28 June.
Among other changes, the following should be highlighted:
– The Extraordinary Appeal for Procedural grounds has been now subsumed in the cassation appeal. Now the object of the appeal in cassation may also combat procedural infractions (when there is a patent and manifest error), and substantive questions.
– Removal of the access to the appeal based on the grounds of the quantum of the proceeding (over €600,000).
– Removal of the “incident” to argue possible causes of inadmissibility. Now, if the Chamber appreciates well-founded reasons, it may directly reject the cassation appeal without giving prior notice to argue in favour of its admission.
– Validity: although the new regulation came into force on July 29th, 2023, the transitional regime provides that the previous procedural regulation will apply to those Judgements handed down prior to that date, regardless of the date of their notification.
The Governing Chamber of the Supreme Court has announced on September 13th that new rules regarding requirements of the pleadings and opposition briefs has been adapted, available on the website of the General Council of the Judiciary
The new rules are pending of approval by the Permanent Commission of the General Council of the Judiciary and its publication in the Official gazette, after which the access to the form of the cover page (that must precede the appeal) will be made available on the website for downloading by professionals (a new feature of this new Agreement).
