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Recognition of Foreign Judgments in Spain

Recognition of Foreign Judgments in Spain

A foreign investor who is doing business in Spain should know the basics of the recognition of foreign judgments in this country in case he/she will need such a procedure for his company. The Spanish legislation makes a distinction between the foreign judgments in non-EU (European Union) countries and those which are members of the EU. The recognition of the foreign judgments is made in accordance with the international treaties and laws and the execution of these judgments is regulated by the Spanish laws. In this matter, our lawyers in Spain can offer complete legal assistance for companies or for natural persons.

Documents to provide to the court of law in Spain

The foreign judgment that is to be recognized in Spain should not violate the public order in this country, be in an authentic form and trustworthy. The documents you should submit to the court of first instance are the following:

• certified authentic copy of the judgment (apostilled according to The Hague Convention);

• certificate of the official transcript proving that the judgment is final;

• certificate of notification of judgment to the defendant;

• a translation into the Spanish language;

• a general power of attorney for litigations.

The regulations for the enforcement

The legislation for the recognition of foreign judgments in Spain is formed by the Regulation (EU) Nº 1215/2012 of the European Parliament and of the European Council, that came into force at the beginning of 2015 and it is applied to the judgments in the countries that are EU members. The Regulation (EC) 44/2001 is valid for judgments in commercial and civil matters and Regulation 805/2004 for undisputed claims.

According to these regulations, a foreign judgment issued by a court in an EU member state will be generally recognized in Spain without a special procedure that is possible to be followed in case the application for recognition is contested. The details for the recognition of a foreign judgment from another country, outside EU, are to be found in the Spanish Code of Civil Procedure.

Recognition of foreign judgments in civil and commercial matters

When a court decision is enforced, it means that the party who won a particular disagreement obtained full rights to receive a certain amount of money, if mentioned, or to ask the petitioner to perform or to avoid doing different actions. In such case, the foreign judgment in Spain applies with specific rules in this matter which are strictly related whether the country is an EU or non-EU member. We remind that the foreign judgment in Spain shall not apply in cases of arbitration, bankruptcy, matrimonial matters, will and succession problems or social security. Complete legal support in this matter, where the rules of foreign judgment apply can be offered by our attorneys in Spain.

Recognition of foreign judgments in insolvency matters

The regulation 1346/2000 which applies in insolvency matters has merged with the Spanish Law and lets judicial proceedings not to be transferred from one EU country to another, being solved in legal terms in Spain. The automatic recognition of distinct member state insolvency proceedings within the EU is also recognized by the Insolvency Act in Spain. Furthermore, any decision made in a Spanish court it is instantly recognized in any other EU country, and any restriction on creditors’ rights is possible in cases where the creditor provided an agreement in this matter.

For more information about the recognition of a specific foreign judgment, you may contact our law firm in Spain who can help you with the legal procedure and will provide legal support