Luis López, Víctor Javier Lana and José Luis Pérez de Ayala analyse the effects of Royal Decree-Law 5/2023 | Diario La Ley

The Litigation and Arbitration team analyses procedural violations, appeals and the recognition of foreign judgments and asks whether there really is a paradigm shift in Royal Decree-Law 5/2023.

The article analyses the effects of Royal Decree-Law 5/2023 on the system of extraordinary appeals in Spain, focusing on its impact on procedures for the recognition and enforcement of foreign judgments processed through European regulations and international conventions.

The work examines the suppression of the extraordinary appeal for procedural infringement and the integration of errors in procedendo in the appeal in cassation, as well as the new regulation of access to cassation of orders issued on appeal in these proceedings when so established by international standards. Throughout the study, the normative and jurisprudential framework prior to the reform is reviewed, characterised by the impossibility of appealing such decisions in procedural infringement.

Subsequently, the amendments introduced by Royal Decree-Law 5/2023 are examined, comparing the new system with the previous regime and assessing its impact in order to determine to what extent it entails an alteration of the jurisprudential schemes prior to the reform.

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