Royal Decree-Law 5/2023: Reform of cassation appeals in civil law

2023-07-03T16:26:00
Spain
Royal Decree-Law 5/2023 modifies the regime for extraordinary appeals based on procedural infringements and cassation in the Code of Civil Procedure
Royal Decree-Law 5/2023: Reform of cassation appeals in civil law
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July 3, 2023

Royal Decree-Law 5/2023, published in the Official Gazette of the Spanish State on June 29, 2023 (“RDL 5/2023”), makes several changes to the regulation of civil proceedings. The most significant of these changes affects cassation appeals in civil law. This new regulation recovers the text of the Draft law on measures on the procedural efficiency of the public service of justice, the processing of which was suspended in May this year due to the dissolution of the Spanish Parliament.

Some of the most relevant changes introduced by the reform are the following:

The reform of cassation in civil law will enter into force one month after its publication in the Official Gazette of the Spanish State (i.e., on July 29, 2023).  Under the transitional regime, the new regulation of cassation appeals in civil law will only apply to appeals filed against decisions handed down after it enters into force.

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July 3, 2023