THE BOTTOM LINE
- New Hurdle for Final Appeals: A recent CJEU ruling (Kubera) now requires Spain’s Supreme Court to consider referring questions to the European Court before deciding whether to admit a final appeal. This could make it more difficult to quickly dismiss cases involving EU law.
- A New Strategic Lever in Litigation: For businesses, this decision opens a new strategic avenue. Arguing an EU law point, even at the admissibility stage, could compel a reference to the CJEU, potentially delaying a final national judgment or achieving a more favorable outcome from Luxembourg.
- Reinforced Commitment to Rule of Law: The high-level dialogue between the two courts underscores a shared commitment to judicial independence and legal certainty, reinforcing the stability of the legal framework for businesses operating in Spain and across the EU.
THE DETAILS
A recent high-level working meeting between Spain’s Supreme Court (TS) and the Court of Justice of the European Union (CJEU) has highlighted a significant evolution in the relationship between national and EU judicial systems. The delegations, led by their respective presidents, Isabel Perelló and Koen Lenaerts, gathered to discuss critical legal issues, signaling a move towards deeper integration and procedural alignment that will directly impact businesses engaged in high-stakes litigation in Spain.
The central topic of discussion was the recent CJEU Grand Chamber ruling in Kubera (15 October 2024). This judgment clarifies that a national court of last resort, like the Spanish Supreme Court, cannot decide on the admissibility of an appeal without first determining whether it is obliged to make a preliminary reference to the CJEU. In practical terms, this means that the Supreme Court’s cassation function—its power to accept or reject final appeals—is now explicitly intertwined with its duty to consult the CJEU on matters of EU law. This procedural shift prevents cases with EU law implications from being dismissed on purely national procedural grounds without proper European-level scrutiny.
Beyond this specific procedural change, the meeting also covered the broader themes of the “multilevel protection” of fundamental rights and the ongoing challenges to the rule of law and judicial independence. These discussions are more than academic; they reflect the judiciary’s crucial role in ensuring a stable and predictable legal environment. For CEOs and General Counsel, the courts’ unified stance on upholding judicial independence is a vital assurance of legal certainty, which is fundamental for investment, contract enforcement, and overall business confidence within the European single market.
SOURCE
Source: Poder Judicial (Spanish General Council of the Judiciary)
