Which judgments cannot be appealed?

Question

José Manuel Alburquerque · Accepted Answer

Judgments given in a “juicio verbal”, the simplified procedure, cannot be appealed when that procedure was used because of the amount claimed and the amount did not exceed 3.000 euros. That limit, set by the “Ley de Enjuiciamiento Civil”, Spain's Civil Procedure Act, remains the same even though since 2025 the simplified procedure can be used to claim up to 15.000 euros. Nor can an appeal be brought against a judgment that is already final or against one given by the “Audiencia Provincial”, the provincial appeal court, when deciding an appeal, which only admits a cassation appeal in some cases. And a party who has won outright cannot appeal, even if they are not persuaded by the judge's reasoning. Judgments in low-value cases The simplified procedure is the most straightforward of the civil procedures, with a single hearing. Today it is used for claims of up to 15.000 euros, but its judgment can only be appealed if the amount claimed exceeded 3.000. What counts is the value of the case, which in principle is what was sought in the claim, not what the judgment awards. If 10.000 euros were claimed and the judgment awards 2.000, both parties can appeal. If 2.500 were claimed, neither can, whoever wins. The same happens when the debtor objects in an order for payment procedure (“proceso monitorio”) for up to 3.000 euros, the procedure for claiming debts recorded in documents, because the case then continues under the simplified procedure. On the other hand, the limit does not affect cases that the law channels through the simplified procedure because of their subject matter, whatever the amount at stake. In an eviction for non-payment, for example, the judgment can be appealed even if the debt is small. Other judgments that cannot be appealed The general rule is that any judgment that ends the first instance can be appealed. Apart from those in low-value cases, the following cannot be appealed: A judgment that is already final because the twenty working days of the time limit passed without anyone appealing. A judgment given by the provincial appeal court when deciding an appeal. The only remedy against it, in some cases, is a cassation appeal to the “Tribunal Supremo”, Spain's Supreme Court, or, if it comes from a Catalan provincial appeal court and Catalan civil law is in dispute, to the “Tribunal Superior de Justicia de Cataluña”, the High Court of Justice of Catalonia. A judgment of the Supreme Court or of the High Court of Justice of Catalonia deciding the cassation appeal, which brings the case to an end. A judgment that gives a party everything it asked for. Only a party adversely affected by the judgment can appeal. Moreover, what is appealed against is what the judge decides, not the judge's reasoning. If the judgment cannot be appealed Against a judgment that cannot be appealed, only exceptional remedies remain, which are a separate matter. They are for serious cases, such as a party having been left unable to defend itself. What can always be requested, within a very short time limit of two working days, is for the judge to clarify an obscure point. It is also possible to ask the judge to complete the judgment if it left unresolved something that had been requested, within five days of its notification. Obvious clerical errors, such as a figure copied wrongly, can be corrected at any time.