The Supreme Court has refused to admit the review petition filed by the legal representatives of five creditors in the context of the Maspalomas Hoteles SA bankruptcy proceedings, in an attempt to overturn a ruling by Commercial Court No. 2 of Las Palmas de Gran Canaria that denied them ordinary credit classification. The high court considers that the legal requirements for this exceptional procedure are not met. This was a measure by those interested in retaining corporate control of Beverly Park, a hotel now owned by the Pérez Moreno group but once owned by the Ruiz Mateos family (Rumasa).
The ruling, dated April 3, 2025, and authored by Judge M. Ángeles Parra Lucán, rejects the appeal, considering that the first-instance judgment was overturned on appeal. Therefore, it cannot be considered a final decision, an essential condition for initiating review proceedings pursuant to Articles 509 and 510 of the Civil Procedure Act (LEC). The appeal was filed by attorney Alejandro Valido Farray, under the legal direction of José María Iraizoz Real, against the judgment issued on July 28, 2022, by the commercial court in the context of ordinary bankruptcy case 30/2011, Incident Branch 10. The plaintiffs claimed to have been made aware late of a previous judgment issued in Incident Branch 9 of the same bankruptcy proceedings, dated February 12, 2019, which upheld claims similar to theirs. They argued that the ruling was a decisive document that they had not been able to provide previously, invoking Article 510.1.1.ª LEC as a basis for the review.
However, the Supreme Court dismisses the claim, as it has not been proven that the appellants could not have previously accessed the judgment they now describe as "decisive." Furthermore, the Public Prosecutor's Office, in its preliminary report, had already ruled against admitting the claim, emphasizing that neither the recovered nature of the document nor its ability to alter the previous ruling is justified. The Court recalls that the review procedure is exceptional and restrictive in nature and is designed to protect the principle of legal certainty and the authority of res judicata. "It cannot be used as a supplementary remedy to the ordinary remedy of appeals already filed and resolved," the ruling states.
The judges also emphasize the internal contradiction in the lawsuit, which acknowledges that the judgment now in question was already successfully appealed before the Provincial Court of Las Palmas, which upheld the original lawsuit and ordered the insolvency administrators to pay the costs. The ruling, which cannot be appealed, was also signed by magistrates José Luis Seoane Spiegelberg and Antonio García Martínez, and countersigned by the Court Clerk, Aurora Carmen García Álvarez.
