At times, the likely duration of legal proceedings in Spain can discourage us from even initiating those judicial proceedings against any unfair decisions by the Government administration, simply because, by the time any appeal is heard, it will be rendered useless as the damage has already been done.
So, for example, in situations such as applying for a Visa to attend an important exhibition in your industry that is taking place in Spain, the extension of an existing Visa or perhaps it is necessary to avoid the closure of a restaurant, hotel or business.
When your legal claim has a reasonable possibility of succeeding and the delay to be expected if waiting for the decision of the Court would render the claim useless, it is worthwhile requesting an Interim Order (“medidas cautelares”) together with lodging your appeal against the administrative decision. If the Court accepts that an interim order may be merited, enforcement of the administrative decision being appealed against will be suspended for the duration of the hearing on precautionary measures, and in this way, the damage that the delay in the appeal would otherwise cause will be avoided.
Positive and Negative Measures
The precautionary measures may be ‘positive’ or ‘negative’ measures.
For example, should an administrative order be made to close a restaurant, bar or shop for technical deficiencies in the licence, the business may seek an interim order that permits it to continue trading while the matter of the licence is dealt with, and thus allow it to remain open over a particularly lucrative period such as Christmas or other holiday period, which if not permitted could result in the closure of the business, regardless of the outcome to the appeal against the administrative decision regarding the licence.
Likewise, the measures may also be ‘positive’ such as when a Visa is denied for attendance at an international business exhibition, it is possible that while the proceedings are underway, permission for travel to the exhibition may be granted and thereby avoid that the appeal be rendered useless.