By Carlos Baos (Lawyer) • 04 August 2022 • 8:52
Carlos Baos: Enforcing a court decision in Spain.
Credit: Creative Commons
Since the formation of the European Union, the free movement of persons, capital and goods has been a reality. This has led to more frequent commercial relations between residents. Many clients ask us whether it is possible to enforce in Spain a judgement handed down in another EU member state. In today’s article, we analyse the European Regulation 1215/2012, which allows the enforcement of sentences issued in all EU states as long as certain requirements are met.
The regulation applies to all civil and commercial matters. However, certain issues such as personal capacity, matrimonial property, etc are excluded. The enforcement can be requested in any Member State, including Denmark.
To which court should the application be addressed?
The courts responsible for the enforcement of European judgements in Spain are the Juzgados de Primera Instancia (First Instance Courts) where the person against whom the judgement wants to be enforced is domiciled. The application can also be filed where the assets of the debtor are located.
Which documents must be provided?
For the application to be successful, it will be necessary to submit several documents. On one hand, the sentence to be enforced. On the other, a certificate form attached to the regulation itself. Both documents must be produced by the Court that issued the judgement to be enforced.
Is it necessary to provide a translation?
It depends on each court. The European Regulation itself states in Art. 37 that the court or authority before which the application is submitted may require, where necessary, a translation. In practice, courts quite often demand a translation of both documents. The certificate form and the sentence itself.
Although there is still room for improvement in some details, this Regulation has proved to be a very useful tool. It considerably speeds up the process, and allows judgements handed down in any member states to be invoked in the rest.
If you have obtained a sentence in your favour, either in civil or commercial matters, in a member state of the European Union, and you wish to have it enforced in Spain, please contact us. We will study your case and offer you expert advice on the matter.
The information provided in this article is not intended as legal advice, but merely conveys information related to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: [email protected]
White & Baos 2022 – All Rights Reserved.
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