Judgments | Spain | Cross-Border Enforcement Center

With which jurisdictions does this country have reciprocal arrangements for enforcement of judgments?

Brussels Regulations:

Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Poland, Romania, Slovakia, Slovenia, Sweden, United Kingdom

Lugano Convention 2007:

Denmark, Iceland, Norway, Switzerland

Hague Choice of Court Convention 2005:

Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Mexico, Montenegro, Netherlands, Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, Sweden, United Kingdom

Bilateral:

Brazil, China, Colombia, El Salvador, Israel, Mexico, Morocco, Tunisia

If there is no reciprocal arrangement, is it still possible to enforce a foreign judgment by means of a writ on the judgment, declaration of enforceability or similar mechanism?

Yes.

What is the approximate time required to register and enforce a foreign judgment if unopposed?

Judgments within the EU: usually 1-2 months, but may be quicker or slower depending on the court.

Judgments from states with no recognition agreement: 2 months - 1 year (service to the defendant can delay the proceedings)

What is the approximate time required to register and enforce a foreign judgment if opposed?

Judgments within the EU: usually 2-5 months, depending on the court.

Judgments from states with no recognition agreement: 2 months - 1 year (service to the defendant can delay the proceedings).

What is the approximate cost of registering and enforcing a foreign judgment (including court fees and other disbursements) if unopposed?

USD 10,000 - 50,000.

What is the approximate cost of registering and enforcing a foreign judgment (including court fees and other disbursements) if opposed?

USD 30,000 - 70,000.

Are there any unusual difficulties in enforcing a foreign judgment?

There are no unusual difficulties with EU judgments. Concerning judgments from jurisdictions with no reciprocal enforcement agreement, the relevant procedural law is been recently passed (International Legal Cooperation Law on civil matters, 29/2015 of 30 July) which repeals the previous one of 1881. The Court of First Instance of the defendant's domicile is in charge of the recognition and enforcement. The reciprocity principle applies. In addition to the defendant, the public prosecutor has the right to be heard before the recognition and enforcement decision is issued. There is a possibility of appeal.

Cross-Border Enforcement Center

Spain

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