how to sum it up by the most important legal facts 

How to sum it up by the most important legal facts. I'm sorry to ask that but my English and my Spanish are a bit compliced for me.

FACTUAL BACKGROUND

FIRST:

Processing in the first instance

1- Ms. Mara Teresa filed an ordinary lawsuit against the Johnson & Johnson, De Puy brands, which is extinguished by merger absorption becoming Johnson & Johnson SA, against the legal representative of the USP Hospital Center of Marbella and against the surgeon Dr. . D. Leovigildo, in which he requested that a judgment be issued by virtue of which:

"The civil liability of the defendants is declared in accordance with the provisions of the Consumers and Users Consumers Defense of 2007, articles 128, 129, 130, 147, 148 and those arising from articles 1100, 1104, 1968.2, 1902 of the Civil Code, condemning to indemnify jointly and severally the Johnson and Johnson and De Puy Companies to the plaintiff for the damages suffered quantified in the amount of TOTAL 819,609 EUROS SEUO, broken down in the seventh section of this document.

"Without prejudice to the court determining to what degree the USP Hospital Center and the team of surgeons must respond jointly and severally, due to the lack of information in the informed consent and the annulment of the patient's ability to choose in accordance with the judgments contributed 948/2011 room 1 of the civil Supreme Court.

"In attention to article 394 et seq. Of the Civil Procedure Law, an express sentence is imposed on costs for recklessness and bad faith that the defendants have starred throughout the entire procedure, not facing the multiple expenses incurred, delaying its decisions in time, causing the plaintiff to be in a precarious economic situation to defray the large expenses incurred ".

2- The claim was filed on November 21, 2012 and distributed to the Court of First Instance No. 8 of Marbella and was registered under No. 1485/2012. Once it was admitted for processing, the defendants were summoned.

3- Ms. Mara Teresa submits a letter through her procedural representation desisting with respect to the USP hospital in Marbella and the De Puy entity.

4- By decree of March 5, 2013, the process regarding the co-defendants Centro Hospitalario USP de Marbella and entity De Puy is dismissed.

5- Dr. D. Leovigildo, and Johnson & Johnson S.A. They responded to the claim by means of briefs in which they requested the full dismissal of the claim with acquittal of the defendants and expressly ordered the plaintiff to pay the costs.

6- After following the corresponding procedures, the Magistrate-judge of the Court of First Instance No. 8 of Marbella issued a judgment dated November 27, 2013, with the following ruling:

"That I must estimate and I partially estimate the lawsuit filed by Ms. Mara Teresa against the entity Johnson & Johnson SA condemning the defendant entity to pay the plaintiff the amount of 515,647.8 Euros as principal plus the legal interest from the date of the sentence until its full payment. All this without imposing costs on any of the litigants. "

7- This judgment was supplemented by an order of December 19, 2013 regarding the intervention of D. Leovigildo in the procedure, in the sense of adding the judgment by adding a factual antecedent in which it is stated that the claim was directed against Mr. Leovigildo who answered the claim and after the oral proceedings were held, the plaintiff withdrew from Mr. Leovigildo, a withdrawal that was accepted by him. It was also clarified in the sense of condemning the entity Johnson & Johnson S.A. to pay the plaintiff the amount of 42,612 Euros for bills pending payment at the USP hospital.

SECOND:

Processing in second instance

1 - The judgment of first instance was appealed on appeal by the representation of Johnson & Johnson S.A.

2- The resolution of this appeal corresponded to Section 6 of the Provincial Court of Malaga, which processed it with roll number 302/2014 and after following the corresponding procedures issued a judgment on June 14, 2016, with the following failure:

"Dismiss the appeal filed by the procedural representation of the mercantile Johnson and Johnson SA, against the judgment of November 27, 2013, supplemented by an order of December 19, 2013, issued by the Judge Mrs. Judge of the Court of First Instance number Eight of Marbella, in the Ordinary Trial cars No. 1485/2012 to which this roll of civil appeal refers and, by virtue, we must confirm and confirm said resolutions and impose, on the party appellant, the procedural costs accrued in this appeal ".

THIRD:

1- Filing and processing of the extraordinary appeal for procedural infringement and appeal

2- Johnson & Johnson S.A. filed an extraordinary appeal for procedural infringement and cassation appeal. The sole reason for the extraordinary appeal for procedural infringement was:

"Under the protection of article 469.1.3. LEC, in relation to articles 400 and 412 LEC and the jurisprudence that develops them and that is cited in this motive, mutation of the case petendi by the judge of instance and endorsed by the Provincial Court of Malaga: J & J SA was sued as a distributor and not as a manufacturer. Manifest defenselessness of my client after the substantial alteration of the claim produced after J & J SA had answered it ".

The sole reason for the appeal was:

"Under the protection of article 477.2.3. LEC, due to the existence of cassational interest motivated by the existence of contradictory jurisprudence of Provincial Courts in relation to the interpretation of article 138.2 of RDL 1/2007 of November 16, by which it is approved the revised text of the General Law for the defense of consumers and users and other complementary laws, regarding the need for a prior requirement by the injured party for the distributor to identify the manufacturer ".

3- The proceedings were sent by the Provincial Court to this court, and the parties were summoned to appear before it. Once the proceedings were received in this room and the parties brought before it through the attorneys mentioned in the heading, an order dated February 20, 2019 was issued, the operative part of which is as follows:

"THE ROOM AGREES: "Admit the extraordinary appeals for procedural infringement and cassation filed by the procedural representation of Johnson & Johnson SA against the sentence handed down on June 14, 2016 by the Provincial Court of Malaga, section 6, in the appeal roll 302/2014, arising from the ordinary proceedings 1485/2012, of the Court of First Instance No. 8 of Marbella ".

4- The respondent was sent to formalize his opposition to the cassation appeal, which he did by submitting the corresponding brief in which he raised a question for a preliminary ruling before the CJEU. - By order of December 2, 2019, the rapporteur was appointed in this process and it was agreed to resolve the appeals without holding a hearing, signaling for a vote and ruling on January 8, 2020, in which it took place.