Legal Framework for the Recognition of Foreign Judgements in Spain
International commercial activity is increasingly giving rise to cross-border disputes involving unpaid debts, contractual breaches, and litigation that affect corporate stability.
For foreign companies seeking to enforce judgements rendered in non-EU countries in Spain, the first step is to verify whether a bilateral treaty on recognition and enforcement applies.
In the absence of such a treaty, Law 29/2015 on International Legal Cooperation in Civil Matters applies. This statute regulates the exequatur procedure — the judicial recognition required for a foreign judgement to have legal effect in Spain. Once recognition is granted, separate enforcement proceedings must be initiated to obtain full satisfaction of the claim.
Priority Application of Bilateral Treaties
Spain has concluded bilateral treaties on the recognition and enforcement of civil and commercial judgements with several non-EU countries, including Brazil, Mexico, Israel and China (including Hong Kong).
For international corporate groups, these treaties represent a strategic advantage, as they often provide a more streamlined mechanism than the general exequatur regime under Spanish domestic law.
Typically, recognition requires:
- Final and binding status of the judgement
- International jurisdiction of the court of origin
- Respect for due process and defence rights
Subsidiary Application of the Spanish Exequatur Regime
Where no bilateral treaty exists — for example, in relation to the United States, Canada, Japan or Australia — the regime established by the Ley 29/2015 applies.
Under this framework, a non-EU foreign judgement may only be recognised and enforced in Spain if the following conditions are met:
- Jurisdiction of the court of origin: the foreign court must have exercised internationally acceptable jurisdiction.
- Finality: the decision must be final and no longer subject to ordinary appeal in the country of origin.
- Respect for defence rights: the defendant must have been properly served and given a genuine opportunity to present a defence.
- No breach of Spanish public policy (orden público internacional — fundamental principles of the Spanish legal system).
- Absence of conflicting judgements: no prior Spanish judgement, or foreign judgement already recognised in Spain, may be incompatible.
In practical terms, once exequatur is granted, the foreign judgement is enforceable as if it were a Spanish court decision, allowing for the attachment of assets, garnishment of bank accounts, and other enforcement measures under Spanish procedural law.
Conclusion
A properly managed exequatur strategy enables international investors and corporate groups to operate in Spain with legal certainty, ensuring that non-EU judgements are fully effective and enforceable within Spanish jurisdiction.
Frequently Asked Questions
Yes. Recognition through exequatur is required before enforcement in Spain.
Typically, several months, depending on the court and procedural complexity.
Yes, provided the defendant was properly served and procedural guarantees were respected.
Yes. Spanish law requires both a solicitor (abogado) and a court procedural representative (procurador).
Once granted, the foreign judgement may be enforced like a Spanish ruling, including the attachment of assets.
If you need to recognise and enforce a non-EU court judgement in Spain,
