Obtaining an unfavourable judgment in litigation that matters to us is always disheartening. However, we must not forget that judgments handed down by the Courts can be appealed, which gives us a new opportunity to obtain a decision more aligned with our interests.
In this article, we shall examine the key aspects of civil appeals (“recursos de apelación civiles”).
1. What is a civil appeal?
An appeal is a legal remedy that allows a party to request the review of certain decisions rendered by a Court by a higher judicial body.
In the civil sphere, an appeal provides the opportunity to request that the Court of Appeal (“Audiencia Provincial”) review and, where appropriate, set aside the judgments handed down by the Courts of First Instance (“Juzgados de Primera Instancia”).
There are several grounds on which a judgment may be appealed. The most common include: a serious error in the assessment of the evidence or in the application of the law; a relevant procedural defect in the first instance proceedings; or the judgment lacking sufficient reasoning.
However, it should be noted, that except in exceptional circumstances, no new submissions or documents not already produced in the first instance may be introduced at the appeal stage.
2. Which judgments can be appealed?
Any judgment handed down by a Court of First Instance with a value exceeding €3,000 can be appealed.
Where the amount in dispute is below this threshold, an appeal may only be lodged in specific cases relating to certain matters (for example, eviction proceedings, claims for unpaid rent, or actions seeking suspension of new building works).
3. What is the time limit for filing an appeal and before which court is it lodged?
The time limit for filing an appeal is twenty business days from the date of service of the judgment of first instance.
The appeal must currently be lodged before the Court of Appeal, which is the judicial body responsible for its resolution.
4. Do I need a lawyer and a court representative (“procurador”) to file an appeal?
Yes. Both a lawyer and a court representative are required in order to lodge an appeal.
5. How is an appeal processed?
Once the appeal has been lodged before the Court of Appeal, it shall instruct the Court of First Instance to remit the case file within three working days.
When the Court of Appeal has received the documentation, it shall summon the non-appealing parties to appear before it within ten working days in order to be informed of the appeal.
The Court of Appeal will then have a period of three working days to determine whether the requirements for admitting the appeal have been met.
If the appeal is admitted, the Court of Appeal will notify it on the other parties, who will then have ten working days to file their opposition (or to cross-appeal the judgment if it is also unfavourable to them).
Finally, once the opposition submissions have been filed, the Court of Appeal shall hand down its judgment.
6. How long does it take to resolve a civil appeal?
The length of time required to resolve an appeal may vary significantly depending on the Court of Appeal before which it has been filed.
Nevertheless, according to statistics from the General Council of the Judiciary (“Consejo General del Poder Judicial”), the average time for resolving appeals is approximately one year.
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Madrid, 17 Septiembre de 2025.
Marcello Caramés Abogados, S.L.P