Imposition of Costs in Remedial and Review Appeals
Imposition of Costs in Remedial and Review Appeals (the so called Recursos de Reposición y de Revisión in Spanish): What Does the Supreme Court Say?
In the legal realm, the imposition of costs is a significant issue that can have a substantial impact on the parties involved in a legal process. It's essential to understand when and how costs are applied. In this case, we will focus on remedies and review appeals and the stance of the Spanish Supreme Court on this matter.
The imposition of costs is not applicable in remedies and review appeals as it is not expressly provided for in the Civil Procedure Law.
The Supreme Court put an end to the divergent opinions held by some Provincial Courts on this matter. Some Provincial Courts believed that the resolution of remedies and review proceedings entailed the imposition of costs on the party whose request was rejected, while others believed that costs were not applicable in these cases.
The argument for not imposing costs in remedies and review proceedings is based on the fact that the Civil Procedure Law does not expressly establish any provisions to that effect.
Article 398 of the Civil Procedure Law (LEC) only refers to costs in appeals, extraordinary appeals on procedural grounds, and cassation appeals, but it does not mention remedies and review appeals.
Examples of resolutions in this regard:
Supreme Court (1st Chamber), Order of June 16, 2020: "The imposition of costs in the present direct review proceeding is not appropriate since it is understood that in the resolution of remedies and review proceedings, unlike what happens in Article 398 LEC, the same does not apply, as the LEC does not provide for any cost regime for them or make a referral to the ordinary regime set out in Articles 394 and following..."
Provincial Court of Las Palmas (5th Section), judgment of October 24, 2019: "There is no specific legal provision that allows for a condemnation to pay costs in the event of the dismissal of a remedy proceeding against an interlocutory resolution that dismisses evidence, as it does not conclude the proceedings."
In summary, according to the doctrine emanating from the Supreme Court, the imposition of costs is not applicable in remedies and review appeals, as it is not expressly provided for in the Civil Procedure Law. This interpretation provides clarity regarding costs in these types of appeals and underscores the importance of a solid legal foundation for determining the financial obligations of the parties in a legal process.