Enforcement proceedings in Spain: a complete guide to asserting your rights

When a French company or individual wishes to enforce a court decision in Spain, it is crucial to fully understand the specifics of the Spanish enforcement procedure.

Unlike in France, where the enforcement of judgments is primarily handled by bailiffs, the procedure in Spain is a completely separate legal process, managed directly by the Spanish courts.

  • What are the main differences compared to France?
  • How can you ensure that a French decision will be recognized in Spain?
  • And most importantly, what documents are needed to successfully initiate this procedure?

We explain everything in this article!

Understanding the enforcement procedure in Spain

In Spain, the enforcement of a judgment is a separate legal process. To initiate this process, the creditor must be represented by a Spanish lawyer and a solicitor (procurador) who handles the administrative aspects with the territorially competent court.

Unlike in France, where a bailiff is responsible for enforcement measures (for example, bank account seizures), in Spain, the court plays a central role. When an enforceable judgment is recognized by the Spanish court, it is the court that orders and oversees the forced execution of the decision. For example, for a bank account seizure, the court sends the seizure order directly to the banks and accesses all of the debtor's financial information to locate their assets.

Why is the Enforcement Procedure in Spain effective?

The main advantage of this system is its increased efficiency. Once enforcement proceedings have begun, the lawyer can reactivate seizure measures periodically until the full amount owed is recovered. Unlike in France, where each new seizure requires the intervention of a bailiff (often costly and without guarantee of success), in Spain, once enforcement proceedings have begun, it is possible to carry out further seizures without additional cost.

Furthermore, the court has direct access to the debtor's financial and asset information, thus maximizing the creditor's chances of success.

The Importance of the European Enforcement Order in Spain

For your French court decision to be recognized and enforced in Spain, you must have a European Enforcement Order. This document, issued by the French court that rendered the decision (for example, the Commercial Court of Paris), allows for the enforcement of foreign judgments in other European Union member states without requiring a review of the merits by the court hearing the enforcement order.

The European Enforcement Order has the advantage of offering few grounds for challenge to the opposing party, as long as it complies with the conditions of the European regulation. This was confirmed by the Court of Justice of the European Union in its judgment of 13 October 2016 :

“Mutual trust in the administration of justice in Member States means that a court in one Member State can consider that all the conditions for certification as a European Enforcement Order are met to allow the enforcement of a decision in all other Member States, without judicial review of the correct application of minimum procedural standards in the Member State where the decision is to be enforced.”

The documents required for the enforcement procedure in Spain

To initiate the enforcement of a French decision in Spain, here are the essential documents to provide:

Documents

Notes

Power of Attorney to Represent a Creditor in Spain

The creditor must grant a notarized power of attorney to the Spanish lawyer and solicitor to represent them. This document must be signed by a French notary, then apostilled and translated into Spanish by a certified translator.

European Enforcement Order Certificate

The certificate is issued by the French court that rendered the initial decision. It attests to the decision's compliance with the standards of the European regulation.

Certified Translation of the European Enforcement Order Certificate

The certificate must be translated into Spanish by a certified translator to be accepted by the Spanish court.

Our practical tips for an efficient enforcement procedure in Spain ️

To ensure swift and effective enforcement, we recommend that you:

  • Provide the necessary documents (notarized power of attorney, apostille, European Enforcement Order certificate) well in advance, as this can be a lengthy process.
  • Work with a law firm specializing in the enforcement of court decisions between France and Spain.
  • Consult your bailiff in France to verify that the judgment to be enforced has been properly served.

With proactive preparation and the assistance of specialized professionals, you can make the most of the Spanish enforcement procedure and maximize your chances of recovery.

Why use a specialized Franco-Spanish firm?

Enforcement proceedings in Spain require a thorough understanding of local law and in-depth knowledge of Spanish legal practices. A law firm specializing in Franco-Spanish cross-border relations can guide you through the entire process, guaranteeing legal security, speed, and efficiency.

In short, enforcement proceedings in Spain are more centralized and proactive than in France, with the court playing a key role in ensuring compliance with court decisions. With the right documents and the assistance of specialized professionals, you can optimize debt recovery and achieve concrete results.