Art 22 lec

Lec boe

The extraprocedural satisfaction operates in the cases in which by circumstances supervening the claim and the counterclaim, there is no longer a legitimate interest in obtaining the judicial protection sought, because the claims of the plaintiff and, if applicable, of the counterclaiming defendant or for any other cause, have been satisfied outside the process, this circumstance will be made clear and, if there is agreement of the parties, the court clerk will decree the termination of the process, without an order for costs.

3) Decision:- If there is agreement, the judicial secretary dictates it without condemnation in costs.- If there is no agreement, the judicial secretary summons the parties to an appearance in ten days before the court that after the allegations decides by means of order in other ten days:a) Accepting the request of termination with imposition of costs to the one that refused to the termination of the cause.b) Refusing to terminate the cause if it is verified the nonexistence of the extraprocedural satisfaction. All of the above with imposition of costs on the party that has sustained the need to file the case.

Spanish civil procedure law

The right of all to an effective judicial protection, expressed in the first paragraph of Article 24 of the Constitution, coincides with the desire and the social need for a new civil Justice, characterized precisely by its effectiveness.

Effective civil justice means, as consubstantial to the concept of Justice, full procedural guarantees. But it must mean, at the same time, a more prompt judicial response, much closer in time to the demands for protection, and with greater capacity for real transformation of things. It means, therefore, a set of instruments aimed at achieving a shortening of the time necessary for a definitive determination of what is legal in specific cases, i.e., judgments less distant from the beginning of the process, more affordable and effective precautionary measures, less burdensome enforcement for those who need to promote it and with more chances of success in the actual satisfaction of rights and legitimate interests.

The effectiveness of the civil judicial protection must involve a rapprochement between Justice and the litigant, which does not consist in improving the image of Justice, to make it seem more accessible, but in structuring procedurally the jurisdictional work in such a way that each case has to be better followed and known by the court, both in its initial approach and for the eventual need to purge the existence of obstacles and lack of procedural presuppositions -nothing more ineffective than a trial with an acquittal of the instance-, as well as in the determination of what is truly controversial and in the practice and evaluation of the evidence, with orality, publicity and immediacy. Thus, the reality of the process will dissolve the image of a distant Justice, apparently located at the end of excessive and lengthy procedures, in which it is difficult to perceive the interest and effort of the Courts and Tribunals and of those who are part of them.

Article 256 lec

The procedural representation of the appellant in amparo evacuated the conferred pleadings by means of a document registered on June 7, 2004, in which it reiterated the allegations made in the complaint.

Filed by Club Cultural y Deportivo Aluche with respect to resolutions of the Provincial Court of Madrid which declared its withdrawal in the appeal on the preventive annotation of a civil lawsuit.

Infringement of the right to effective judicial protection (inconsistency): acceptance of withdrawal, with procedural costs, when the termination of the appeal had been requested due to lack of subject matter, without them.

Civil procedure act (ley de enjuiciamiento civil)

We have learned that a court of first instance of Las Palmas has referred a question to the Court of Justice of the European Union (CJEU) for a preliminary ruling in relation to the exclusion of the sentence for costs provided for in Article 22 of the Civil Procedure Act (LEC) for cases where the proceedings are terminated by extra-procedural satisfaction of the claim. In the order raising the issue, reference is made to the possible incompatibility of this rule with the principle of effectiveness due to the dissuasive effect that may be produced on the judicial exercise of the rights of consumers by having to assume the economic cost of the lawsuit in spite of seeing their claim satisfied; all the more so when, as in this case, prior extrajudicial injunctions had been made.

We will have to wait for the resolution of the issue -if admitted-, which will foreseeably be along the lines of the CJEU ruling of 16 July 2020 (joined cases C-224/19 and C-259/19), which, in cases in which the consumer’s claim was upheld, considered the exception to the principle of objective expiration inapplicable due to the existence of serious doubts as to the law. However, we can already ask ourselves whether it could not have been avoided through the interpretation of Article 22.1 LEC by the judge himself.