THE BOTTOM LINE
- New Hurdles for Final Appeals: A recent Court of Justice of the EU (CJEU) ruling now requires national supreme courts to consider EU law implications before deciding whether to even hear a final appeal. Expect increased complexity and potential delays for cases reaching the highest level.
- Multi-Layered Litigation Strategy is Key: The discussion on fundamental rights highlights that a successful legal strategy must now navigate three layers of law: national constitutions, the EU Charter of Fundamental Rights, and the European Convention on Human Rights.
- Reinforcing Legal Certainty: This high-level dialogue between top national and EU judges signals a strong commitment to the rule of law and judicial independence, underpinning Spain’s stability as a predictable legal environment for business.
THE DETAILS
A high-level delegation from Spain’s Supreme Court recently met with their counterparts from the Court of Justice of the European Union for a crucial working session. Led by their respective presidents, Isabel Perelló and Koen Lenaerts, the judges discussed the evolving relationship between national and EU law. The meeting focused on a landmark CJEU decision that directly impacts how final appeals are handled. This development, known as the Kubera judgment, fundamentally alters the procedural landscape for any company involved in litigation that could reach a national supreme court.
The core of the discussion was the CJEU’s Grand Chamber ruling in Kubera (October 15, 2023). The judgment establishes that a court of last resort, like the Spanish Supreme Court, cannot dismiss an appeal at the admissibility stage without first determining whether it has an obligation to refer a question to the CJEU for a preliminary ruling. In practical terms, this means the initial “filter” for appeals now has a mandatory EU law component. For businesses, this procedural shift means that arguments based on EU law can no longer be deferred; they must be considered from the very outset of a final appeal, potentially creating new grounds for cases to be heard or, conversely, new procedural hurdles to clear.
Beyond this specific ruling, the dialogue also addressed the multi-level protection of fundamental rights in Europe. This acknowledges the complex legal reality where rights are guaranteed simultaneously by national constitutions, the EU’s Charter of Fundamental Rights, and the European Convention on Human Rights. For CEOs and legal counsel, this underscores the importance of a sophisticated approach to litigation, where an argument might draw strength from multiple legal sources. The summit concluded with a timely discussion on the current challenges to the rule of law and judicial independence, reinforcing that these foundational principles are a shared priority for both national and EU courts, ensuring a stable and reliable framework for resolving commercial disputes.
SOURCE
Poder Judicial (Spain)
