Tribunal Supremo. Sala de lo Civil; 2022-02-23; ATS 2514/2022
Decision by national courts in the field of European Union law — ECLI:ES:TS:2022:2514A
Date: 2022-02-23
Subject matter: Brussels Convention of 27 September 1968;Judicial cooperation in civil matters;Lugano Convention
Origin: Spain

82022ES0223(52)_ENG_SUMJURE
JURE summary
JURE summary
This decision regards the admissibility of an extraordinary appeal addressed to the Tribunal Supremo (hereinafter ‘the Supreme Court’).
In a civil matter proceeding regarding precautionary measures, the Audiencia Provincial de Madrid, Sección Duodécima (hereinafter ‘Court of Appeal’), by its order, dismissed the request of one of the parties seeking the admission of an extraordinary appeal in a case initially held before the Juzgado de Primera Instancia n.º 63 de Madrid (Court of First Instance). The appeal was grounded on an alleged infringement of procedural rules.
The order of the Court of Appeal dismissing the request was complained against to the Supreme Court, where the party concerned requested the admission of the extraordinary appeal based on two grounds. The request was grounded on alleged (a) an infringement of legal rules governing the proceedings and (b) a breach of the fundamental rights recognised by Article 24 of the CE (1) and Articles 469(1)(3) and (4) of the LEC (2).
The Supreme Court specified that under Articles 477(1) and (2) of the LEC and subsequent procedural rules of the Supreme Court, a request for extraordinary appeal could only be lodged against a limited range of decisions. Generally, it cannot be filed against the orders, decisions which do not take the form of a judgment and judgments which deal only with the incidental issues. The only exception is the cassation complaint lodged against the orders issued in proceedings on the recognition and enforcement of foreign judgments under the Brussels Convention (3), the Lugano Convention (4), the Brussels I Regulation (5), the Brussels II Regulation (6) or other similar rules related to the instrument of international law. In the present case, none of the exceptions apply.
Consequently, the request addressed to the Supreme Court must be held inadmissible and rejected.
(1) Constitución Española (Constitution of Spain).
(2) Ley de Enjuiciamiento Civil (Civil Procedure Act).
(3) Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters.
(4) Convention on jurisdiction and the enforcement of judgments in civil and commercial matters - Done at Lugano on 16 September 1988.
(5) Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
(6) 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.