Tribunal Supremo. Sala de lo Civil; 2013-02-12; 9RUBBER S.L.; ATS 1249/2013
Decision by national courts in the field of European Union law — ECLI:ES:TS:2013:1249A
Date: 2013-02-12
Subject matter: Brussels Convention of 27 September 1968
Origin: Spain

82013ES0212(51)_ENG_SUMJURE
JURE summary
JURE summary
The case regards the Spanish Supreme Court’s (“Supreme Court”) admissibility criteria on extraordinary appeals for breach of procedure.
The plaintiff filed an appeal against an order of the Provincial Court of Barcelona dated 23 November 2012 which claimed the non-admission of an extraordinary appeal, for the reason of a breach of procedure. The latter was submitted against an order of the Provincial Court of Barcelona dated 26 September 2012.
In this case, the Court applied its provisions of 30 December 2011 regarding the admissibility criteria of extraordinary appeal for breach of procedure and stated the inadmissibility of an appeal against an order issued in Second instance. Pursuant to Article 477(2) and the rule 1(1) of the 16th Final Disposition of the Ley de Enjuiciamiento Civil No 1/2000 of 7 January 2000 (LEC), an appeal in cassation or an extraordinary appeal for breach of procedure will not be admitted against any order or decision other than a judgment or a decision on the merits, with the sole exception of Orders issued in the procedure of the recognition and enforcement of foreign judgments under the 1968 Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (“Brussels Convention”), Articles 37(2) and 41 of the 1988 Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (“Lugano Convention”), Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses (“Brussels II Regulation”) and the Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (“Brussels I Regulation”).
The Civil Chamber of the Supreme Court dismissed the appeal because of the lack of appealability of the contested decision and supported the order of the Provincial Court of Barcelona of 23 November 2012. No appeal to this order is admissible according to Article 495(5) LEC.