The Bottom Line
- New Hurdle for Final Appeals: A recent Court of Justice of the European Union (CJEU) ruling now requires national supreme courts to consider referring questions to the EU before deciding to admit a final appeal, potentially adding time and complexity to high-stakes litigation.
- Tighter EU Legal Integration: This procedural shift strengthens the CJEU’s oversight, ensuring that EU law is applied consistently across member states and reducing the ability of national courts to sidestep European legal questions.
- Heightened Focus on Fundamental Rights: Top judicial bodies are intensifying their dialogue on the multilevel protection of rights (under national, EU, and ECHR law), signaling a complex and evolving compliance landscape for businesses operating in Europe.
The Details
In a significant working meeting, the leadership of Spain’s Supreme Court and the Court of Justice of the European Union (CJEU) convened to address critical shifts in the European legal landscape. The meeting, led by the respective presidents Isabel Perelló and Koen Lenaerts, underscored the deepening integration between national and EU judicial systems. While framed as a cooperative dialogue, the agenda points to new procedural realities that legal teams and corporate leaders must now factor into their strategic planning, particularly when litigation reaches the highest national levels.
The most impactful topic was the fallout from the CJEU’s Grand Chamber judgment in Kubera. This ruling establishes a new obligation for courts of last resort, like Spain’s Supreme Court. Previously, these courts could dismiss a final appeal on procedural grounds (i.e., declare it inadmissible) without delving into the substance. Post-Kubera, they can no longer do so without first analyzing whether the case raises a question of EU law that necessitates a preliminary reference to the CJEU. This forces national high courts to engage with EU law at the very threshold of an appeal, effectively preventing them from gatekeeping cases that may have EU-wide implications.
Beyond this specific procedural change, the courts also tackled broader, foundational issues. Discussions on the “multilevel protection of fundamental rights” highlight the intricate legal framework businesses face, where actions can be challenged under a national constitution, the EU Charter of Fundamental Rights, and the European Convention on Human Rights (ECHR). Furthermore, the dialogue on the challenges to the Rule of Law and judicial independence serves as a crucial reminder that legal certainty—the bedrock of a stable business environment—is a subject of active concern at the highest judicial levels. This meeting signals that the dialogue between national and EU courts is not just academic; it’s actively reshaping the rules of the game for commercial litigation in Europe.
Source
Poder Judicial (Spanish Judicial Authority)
