The Bottom Line
- Longer, More Complex Appeals: Expect final appeals at the Supreme Court level to become more complex. New EU law requires national courts to actively consider referring cases to Luxembourg before they can be dismissed, potentially extending timelines and costs.
- New Strategic Avenue for Litigants: This development opens a new door for businesses in litigation. It provides a powerful tool to compel a national Supreme Court to engage with EU law, potentially leading to a favorable ruling from the Court of Justice of the European Union (CJEU).
- Deepening Legal Integration: The high-level meeting signals that the line between national and EU law is continuing to blur. Businesses must assess EU-level legal risks and opportunities from the outset of any significant dispute within an EU member state.
The Details
Senior members of Spain’s Supreme Court and the Court of Justice of the European Union (CJEU) recently concluded a significant working meeting in Madrid. Led by their respective presidents, Isabel Perelló and Koen Lenaerts, the summit focused on the deepening integration of the two legal systems. While discussions covered broad topics like fundamental rights and the rule of law, the most pressing agenda item was a recent CJEU ruling that directly impacts how final appeals are handled not just in Spain, but across the entire European Union.
The main point of discussion was the CJEU’s Grand Chamber ruling in Kubera (October 15, 2024). This judgment establishes a critical new procedural safeguard. It dictates that a national supreme court cannot dismiss an appeal on a point of law without first thoroughly analyzing whether it has an obligation to refer any questions of EU law to the CJEU for a preliminary ruling. In essence, national top courts can no longer simply deem a question of EU law irrelevant to the admissibility of an appeal; they must now formally consider their duty to consult the CJEU first. This change reinforces the CJEU’s authority and ensures that EU law is applied uniformly, preventing national courts from sidestepping potentially inconvenient European legal principles.
Beyond this crucial procedural shift, the courts also deliberated on the “multi-level protection” of fundamental rights and the ongoing challenges to judicial independence in Europe. This signals a broader trend towards judicial alignment on core principles. For businesses, this means that legal arguments founded on the EU Charter of Fundamental Rights—covering everything from data protection to fair competition—will be heard by national courts that are in ever-closer dialogue with their EU counterparts. The meeting underscores a clear message: national and EU law are not separate tracks, but a single, integrated system that businesses must navigate with a unified legal strategy.
Source
Source: Comunicación Poder Judicial
