The judgments delivered in accordance with ordinary declaratory proceedings are as a general rule, appealable; as is the case with many of the interim decisions adopted during the proceedings (interlocutory decisions.) Therefore, to complete our survey of the ordinary declarative proceedings in relation to creditors it is necessary to refer to appeal system in civil proceedings.
An appeal is brought by a party wishing to overturn a court decision, with the aim of having the decision replaced by another more favorable one. To entitle a party to the proceedings to appeal, it is necessary that the decision has caused prejudice or imposed a charge; and that the judgment be appealable, in the sense that the law provides a remedy against such decisions; and that the appeal be brought within the stipulated time period. In addition, the filing of an appeal must be accompanied by the deposit of a sum of money (between 25 and 50 €), which is recoverable if the appeal is upheld. The judicial tax must also be paid where this arises.
Appeals are classified as ordinary and extraordinary, the former being those that can be brought against any decision of a certain class, regardless of the reasons; whereas extraordinary appeals, can only be brought against specific decisions and for specific reasons. In civil cases, ordinary appeals include: an appeal to reverse a decision, which is the appeal against interlocutory decisions imposed both by the judge and by the court registrar that must be resolved by the same body that gave them; the appeal for judicial review, which arises before a judge against decrees or decisions made by the court registrar; the remedy of appeal against judgments given by the Court of First Instance (or against the issue of orders that are of special relevance in this instance) and resolved by the Provincial Court; and the complaint appeal, whose purpose is to challenge the inadmissability of an ordinary or extraordinary appeal. Extraordinary appeals are for procedural infringement (currently brought before the Supreme Court) and appeal to the Supreme Court, against some judgments given by courts on appeal and for certain reasons.
Appeal can also be classified as rimittable and non-rimittable, in accordance with how they are decided, respectively, by a higher court than the one that delivered the original decision under appeal, or by the same court. In civil proceedings all appeals are rimittable, with the exception of appeals to reverse a decision. This appeal procedure is straightforward, as it must be formulated within five days of the judgment having been made; following on from this the other parties are given five days to make submissions, after which the same judge or registrar that issued the original judgment under appeal must reconsider the appeal to reverse the judgment within five days. Appeal by way of judicial review has the same deadlines and processing, but is decided by a different court.
When an appeal is upheld, the principal consequence is modification of the decision that has been challenged. Whereas dismissal of the appeal means that the original decision remains in place and the costs are imposed on the appellant. The relevant rules governing each avenue of appeal will determine if this decision is appealable or or not.