The Bottom Line
- New Appeal Hurdles: Appeals to Spain’s Supreme Court involving EU law now have a greater chance of being heard. The court can no longer dismiss them on admissibility grounds without first considering its duty to refer questions to the Court of Justice of the European Union (CJEU).
- Strategic Litigation Shift: This creates a new tactical tool for corporate litigants. By framing an appeal around an EU law question, legal teams can challenge early dismissals, potentially prolonging high-stakes cases but also opening new avenues for success.
- Deeper EU Integration: The high-level meeting between the two courts signals a deeper embedding of EU legal principles into Spanish jurisprudence, affecting regulatory compliance, fundamental rights, and the overall predictability of the business environment.
The Details
In a clear sign of strengthening judicial ties, the President of Spain’s Supreme Court, Isabel Perelló, recently hosted a delegation from the Court of Justice of the European Union, led by its President, Koen Lenaerts. This working meeting was far more than a diplomatic courtesy; it was a deep dive into the evolving relationship between national and EU law. President Perelló described the event as an “unequivocal manifestation of the Supreme Court’s firm and permanent commitment” to the core values of the European Union. The agenda focused on pressing issues that directly impact how justice is administered for businesses and individuals alike, including the protection of fundamental rights and the challenges facing judicial independence.
The most significant commercial takeaway stems from the discussion around the CJEU‘s recent Grand Chamber ruling in Kubera (15 October 2024). This judgment fundamentally alters the procedural landscape for appeals to Spain’s highest court. Previously, the Supreme Court could declare an appeal inadmissible at an early stage without delving into the substance. The Kubera ruling changes this. It establishes that when an appeal on a point of law is filed, the Supreme Court cannot decide on its admissibility without first assessing whether the case raises a question of EU law that necessitates a mandatory preliminary reference to the CJEU in Luxembourg. This prevents the court from using procedural rules to sidestep its obligation to ensure the uniform application of EU law.
For CEOs and their General Counsel, this development is crucial. It means that arguments grounded in EU law—from competition and state aid to data protection and consumer rights—now carry more procedural weight at the final stage of appeal. The dialogue between the two courts also covered the “multi-level protection” of fundamental rights and current challenges to the rule of law. While these topics may seem abstract, they are the bedrock of a stable and predictable legal framework. The alignment between Spain’s top court and the CJEU reinforces the idea that the principles underpinning the single market—judicial independence and robust protection of rights—are actively being upheld, providing a crucial layer of certainty for businesses operating in Spain and across the EU.
Source
Poder Judicial (Spain)
