Tribunal Supremo. Sala de lo Civil; 2014-05-27; Sonsoles; Maximiliano, Jose Carlos; ATS 6149/2014
Decision by national courts in the field of European Union law — ECLI:ES:TS:2014:6149A
Date: 2014-05-27
Subject matter: Lugano Convention
Origin: Spain

82014ES0527(51)_ENG_SUMJURE
JURE summary
JURE summary
The case regards an extraordinary appeal examined by the Supreme Court of the Kingdom of Spain concerning a non-admission of an appeal against the ruling of the Provincial Court of Pontevedra.
On 23 May 2013, the plaintiff filed an extraordinary appeal for a breach of procedure against an order of the third section of the Provincial Court of Pontevedra of 16 April 2013. The preceding proceeding concerned the enforcement of judgments and regarded an order by which its execution order was denied. The appeal was submitted to the High Court of Galicia which declared its incompetency and transferred the case to the Supreme Court of the Kingdom of Spain. On 18 March 2014 the Supreme Court communicated to the appellant the intention to dismiss the cassation appeal as inadmissible according to Article 473(2) of the LEC (1). The defending party did not appear before the court. On 10 April 2014, the appellant filed a statement to the Supreme Court manifesting a disagreement with the reason given for inadmissibility, to which the respondent did not make any statement.
The Supreme Court stated that according to Article 477(2) and final disposition 16(1)(1) of the LEC, the cassation appeal and, by extension, the appeal for a breach of procedure against an order (or another court ruling apart from a sentence), is not admissible with the exception of court rulings issued in the procedure of the recognition and enforcement of foreign judgments under Article 37(2) and Article 41 of both the Brussels Convention (2) and the Lugano Convention (3), as well as Brussels II Regulation (4) and Brussels I Regulation (5) and any other similar rules .
As this order does not fit within the mentioned exceptions, it was considered inadmissible on 27 May 2014 by the Supreme Court which declared that the order of the Provincial Court of Pontevedra of 16 April 2013 had become final. No appeal to this order is admissible according to Article 473(3) LEC.
(1) Ley de Enjuiciamiento Civil No 1/2000 of 7 January 2000.
(2) 1968 Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters.
(3) Convention on jurisdiction and the enforcement of judgments in civil and commercial matters - Done at Lugano on 16 September 1988.
(4) Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgements in matrimonial matters and in matters of parental responsibility for children of both spouses.
(5) Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters.