Appeals—Spain—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Appeals—Spain—Q&A guide
  • 1. Outline and explain the general structure of your country’s court system as it relates to the commercial appellate process.
  • 2. Are there appellate courts that hear only civil matters?
  • 3. Are appeals from administrative tribunals handled in the same way as appeals from trial courts?
  • 4. Is there a separate appellate bar or other requirement for attorneys to be admitted before appellate courts?
  • 5. If separate jurisdictions exist for particular territorial subdivisions or subject matters, explain their main differences as to commercial appeals.
  • 6. What are the deadlines for filing an appeal in a commercial matter?
  • 7. What are the key steps a litigant must take to commence an appeal?
  • 8. How is the documentation for appeals prepared?
  • 9. In commercial matters, may litigants appeal by right or is appellate review discretionary?
  • More...

Appeals—Spain—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to appeals in Spain published as part of the Lexology Getting the Deal Through series by Law Business Research (published: March 2021).

Authors: Uría Menéndez—Ángel Pérez Pardo de Vera; Francisco Javier Rodríguez Ramos

1. Outline and explain the general structure of your country’s court system as it relates to the commercial appellate process.

The Spanish court system is formed of five subject-matter jurisdictions:

  1. civil (including commercial);

  2. criminal;

  3. administrative;

  4. labour; and

  5. military.

Territorially, the judicial system is divided into judicial districts (covering one or more municipalities), provinces and autonomous regions. Civil courts have jurisdiction over contractual claims, tort law and, in general, any matter that does not fall under other areas of law. Every provincial capital (as well as other large Spanish cities) also has specialised commercial courts that hear claims relating to:

  1. insolvency of companies and businesspersons;

  2. unfair competition;

  3. antitrust;

  4. industrial property;

  5. intellectual property and advertising matters;

  6. corporate law;

  7. international or national transport regulations;

  8. maritime law;

  9. collective actions regarding general contracting conditions; and

  10. appeals against specific decisions issued by the Directorate-General for Registries and Notaries.

If a judicial district lacks a specialised commercial court, the courts of first instance will have jurisdiction over the corresponding matters.

Appeals against final rulings handed down by courts of first instance or commercial courts are heard by the civil chamber of the relevant provincial court.

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