The elimination of judicial court fees for companies in Spain is based on the declaration of the Spanish Constitutional Tribunal (TC), that declared the unconstitutionality and nullity of fixed fees. This is as much for access to jurisdiction as for the lodging of complaints because it is considered a violation to the right to legal protection, both for companies and for legal entities.
In this way, companies can take legal action and access justice without having to pay the access fees that they have been paying up to this date. Thus, this eliminates an important obstacle which limits the legal defence of companies that, for not wanting to pay the fees, they would give up on defending their rights against third parties.
The TC’s ruling ends amongst others:
- The fixed fee of €200 to lodge a contentious appeal through an abbreviated procedure.
- The fixed fees of €350 to lodge a contentious appeal through an ordinary procedure.
- The fee of €800 to lodge an appellate procedure
- The fee of €1200 for a cassation appeal and for an extraordinary appeal for a breach in civil law procedure.
The Tribunal has also includided the elimination of other similar fees, including the variable fees whose quantity was decided in accordance with the economic value disputed.
It is important to highlight that the ruling did not order the reimbursement of the quantities paid in relation to the fees now declared null, neither in finalized proceedings nor in those that are unfinished but where the fee has already been paid.
This article is not considered as legal advice