THE BOTTOM LINE
- New Hurdle for Dismissing Appeals: A recent CJEU ruling (Kubera) now requires Spain’s Supreme Court to consider EU law before dismissing a case on admissibility grounds. This may extend litigation timelines but ensures EU law is properly applied.
- Greater Predictability in Cross-Border Cases: This high-level judicial dialogue signals a commitment to aligning Spanish and EU legal interpretations, leading to more consistent and predictable outcomes for businesses operating across the EU.
- Reinforcing the Rule of Law: The focus on judicial independence and fundamental rights is a strong signal to the business community, underscoring Spain’s commitment to a stable and reliable legal framework essential for investment.
THE DETAILS
Leaders from Spain’s Supreme Court and the Court of Justice of the European Union (CJEU) recently held a significant working meeting in Madrid. Headed by their respective presidents, Isabel Perelló and Koen Lenaerts, the delegations discussed the evolving relationship between national and European law. The meeting was framed as an unequivocal demonstration of the Spanish Supreme Court’s commitment to the core principles of the European Union, highlighting the deepening integration of EU law into the highest levels of national judicial systems.
The most critical topic on the agenda was the practical impact of the CJEU’s recent landmark judgment in Kubera (15 June 2023). This ruling fundamentally alters the appeals process for courts of last resort. It establishes that a national Supreme Court cannot simply rule an appeal inadmissible without first analyzing whether an underlying question of EU law requires a preliminary reference to the CJEU in Luxembourg. This procedural shift prevents the premature dismissal of cases with EU law implications and ensures the CJEU’s role as the ultimate arbiter of European law is respected from the earliest stages of a final appeal.
Beyond the specifics of the Kubera case, the dialogue addressed broader, strategic issues crucial for the European legal and business environment. Discussions covered the “multi-level protection” of fundamental rights—whereby rights are guaranteed by national constitutions, the EU Charter, and the European Convention on Human Rights—and the current challenges facing judicial independence and the Rule of Law. This shared focus signals that top judiciaries are actively collaborating to safeguard legal certainty and uphold the democratic principles that provide a stable foundation for commerce and investment.
SOURCE
Source: Consejo General del Poder Judicial (CGPJ)
