Civil Cassation Appeal in Spain: Complete 2026 Guide

The cassation appeal (recurso de casación) is the extraordinary remedy before the Civil Chamber of Spain's Supreme Court (Tribunal Supremo, Sala 1ª). Governed by Arts. 477–489 LEC and substantially reformed by Law 37/2011.

Appealable Decisions

Under Art. 477 LEC, second-instance judgments of the Provincial Courts (Audiencias Provinciales) are appealable when:

1. Amount exceeds €600,000 (Art. 477.2.1º LEC)
2. Legal interest (Art. 477.2.3º LEC): the judgment contradicts Supreme Court doctrine, resolves an issue on which Provincial Courts disagree, or applies rules in force for less than 5 years

The cassation appeal is NOT a third instance, factual findings cannot be reviewed.

Statutory Grounds

Only substantive law infringement (Art. 477.1 LEC): breach of civil law, Supreme Court jurisprudence, or applicable regional law.

Key Deadlines

• 20 days to lodge the preparation brief before the Provincial Court (Art. 479.1 LEC), non-extendable
• 20 days to file the full appeal before the Supreme Court once admitted (Art. 481 LEC)
• €50 deposit mandatory (DA 15ª LOPJ, Law 10/2012)

Common Grounds for Inadmissibility

Lack of legal interest, factual arguments, defective technique (mixed grounds, vague citations), matters not raised below.

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