Appeals and Means of Challenge

Overview of Appeals

The appeal system in Spanish procedural law follows a pyramidal structure. Each remedy has its own scope, deadline and competent court. Choosing the wrong remedy or filing late means the permanent loss of the right to challenge.

Reconsideration (Recurso de Reposición)

Concept

The simplest remedy. It is filed before the same court that issued the decision and is used to challenge procedural orders and non-final rulings.

Deadline and Procedure

• Deadline: 5 business days from notification (art. 452 LEC).
• Decided by the same judge or court, without a hearing.
• No suspensive effect: the challenged decision continues to produce effects.
• No further appeal lies against the ruling on reconsideration, though the issue may be raised again when appealing the final judgment.

Appeal (Recurso de Apelación)

Civil

• Filed against judgments of Courts of First Instance and final rulings.
• Deadline: 20 business days from notification (art. 458 LEC).
• Filed before the court that issued the decision (a quo), which forwards it to the Provincial Court (ad quem).
• Grounds: procedural violations, errors in evidence assessment, and substantive law violations.
• Costs are imposed on the appellant if the appeal is entirely dismissed.

Criminal

• Against judgments of Criminal Courts: 10 business days before the Provincial Court.
• Against judgments of Investigating Courts (minor offenses): 5 business days.
• The prohibition of reformatio in peius prevents worsening the appellant's situation if only the defense appeals.

Cassation (Recurso de Casación)

Civil (art. 477 LEC)

• Decided by the Supreme Court (First Chamber).
• Grounds: violation of substantive law, case law, or Constitutional Court doctrine.
• The amount in dispute must exceed 600,000 euros, or the case must present cassational interest.
• Preparation deadline: 20 business days from notification of the appellate judgment.
• An extraordinary remedy: facts are not reviewed, only the application of the law.

Criminal

• Against judgments of Provincial Courts and the Criminal Chamber of the National Court.
• Grounds: violation of law (art. 849 LECrim) or procedural defects (art. 851 LECrim).
• Preparation deadline: 5 business days from notification.

Labor Appeal (Recurso de Suplicación)

The equivalent of an appeal in labor proceedings. Filed against judgments of Social Courts before the High Court of Justice (Social Chamber).

• Filing deadline: 5 business days from notification.
• Formalization deadline: 10 business days from delivery of the case file.
• Requires deposit of the judgment amount or a bank guarantee (except beneficiaries of legal aid).
• The statement of proven facts can only be reviewed if a document or expert report evidences an error.

Constitutional Protection (Recurso de Amparo)

The last domestic remedy before applying to the European Court of Human Rights.

• Filed before the Constitutional Court.
• Ground: violation of fundamental rights (art. 14-30 CE).
• Prerequisite: all ordinary judicial remedies must be exhausted, and the violated right must have been raised in prior proceedings.
• Deadline: 30 business days from notification of the last judicial decision.
• Since the reform of LO 6/2007, special constitutional significance is required: it is not enough that a right was violated; the appeal must contribute to constitutional doctrine.
• Effect: if upheld, the decision is declared void and the case is sent back to the appropriate procedural stage.

Costs in Appeals

• General rule: costs are imposed on the party whose appeal is entirely dismissed (art. 398 LEC).
• In civil appeals, costs include attorney and solicitor fees of the respondent.
• In cassation, costs can be high (the Supreme Court may set a maximum amount).
• In labor proceedings, the worker is exempt from costs if they have been granted legal aid.