Within our legal system, the cassation appeal is regulated as an exceptional appeal and not as a “third instance”. That is to say, it is not possible to claim a judgment on appeal mereley because it is considered that an incorrect evaluation of evidence has been made or that allegations have been omitted.

In this regard, it it worth noting that there are only three cases in which the cassation appeal is admitted:

1. Sentences whose object is the protection of fundamental rights.

2. When the amount of the proceedings exceed 600,000 euros.

3. When the amount does not exceed 600,000 euros but there is “cassational interest”.

Cassational interest means that the appealed judgment opposes pre-existing jurisprudence on the matter in question, or that it deals with a law dated from less than 5 years old and there is no Supreme Court jurisprudence on it.

Consequently, the cassation appeal can only be considered a third instance when the lawsuit is about fundamental rights or has a value exceeding 600,000€. In all other cases – in fact the vast majority – the Supreme Court will only analyze if the appealed sentence is incorrect because it is contrary to previous jurisprudence on the matter it deals with.

Furthermore, we should point out that in addition to the cassation appeal, the extraordinary appeal for procedural infringement can be filed against judgments in appeal, but this also requires a restrictive cause such as a serious procedural defect in the process.

In conclusion, the cassation appeal does not constitute a third instance, but rather an extraordinary appeal that is only admitted in very specific cases and its scope is restrictive.

Alejandro Ferreira
Disputes Area