The Recognition and Enforcement of Judgments in Spain

On December 12, 2012, the European Parliament and Council issued a new European Union (EU) Regulation, Number 1215/2012 on the jurisdiction and recognition and enforcement of judgments in civil and commercial matters. This new Regulation replaces the previous one (44/2001, of December 22) on these matters.

The Regulation applies to legal proceedings occurring on and after the date of January 10, 2015 concerning documents formally drafted or officially registered as of this date as well as court settlements approved and concluded after this date.

The scope of this Regulation, although principally concerning all civil and commercial matters, excludes material concerning tax, customs, and administrative affairs as well as liability matters of the state. Some additional exclusions also apply.

Articles 36 and 39 of Chapter III of this new EU Regulation respectively state:

A judgment given in an EU Member State shall be recognized in the other EU Member States without requiring any special procedure, and A judgment given in an EU Member State that is enforceable in that Member State shall also be enforceable in other EU Member States without the need for a declaration of enforceability.

The European Parliament and Council has issued the new Regulation to improve and clarify the provisions of the previous one, help further facilitate the ease of enforcing judgments in the various EU member states, and increase access to justice in all EU member states.

 This article is not considered as legal advice

Business Law

Mariscal & Abogados specializes in providing legal advice and effective business solutions to companies in the drafting, negotiation and analysis of all types of commercial contracts (sale, purchase, loan, supply, etc.). If you have an enquiry, do not hesitate to Contact us.