Can enforcement of a judgment be refused in another EU member state?

Yes, in narrowly defined cases. Refusal is possible if the judgment is contrary to the public policy of the destination State, if the rights of the defence were not respected, or if it is irreconcilable with an earlier judgment given between the same parties.

How long do you have to enforce a Spanish judgment ordering a monetary payment?

Article 518 of the Spanish Civil Procedure Act (*Ley de Enjuiciamiento Civil*) sets a five-year time limit from the date the judgment becomes final. After this period, the judgment lapses.

Which court has jurisdiction to enforce a foreign judgment?

In both France and Spain, jurisdiction lies with the court of the defendant's domicile or the location of the assets that may be seized. In Spain, enforcement requires opening a separate judicial proceeding · there is no equivalent to the French bailiff.

What is the time limit for enforcing a final French judgment in Spain?

The judgment must have been duly served. In France, Article L. 111-4 of the Code of Civil Enforcement Procedures sets a ten-year limitation period from the date the judgment becomes final ("res judicata").

Does Lexwell need a notarial power of attorney to represent my company in Spain?

Yes. Unlike in France, where the lawyer acts on the basis of an *ad litem* mandate, Spanish law requires a *poder para pleitos* · a notarial power of representation · to be formalised before any court representation.

Commercial litigation · Lexwell Legal

Commercial disputes in Spain and France

When a dispute arises in an international context, the question of applicable law and competent court comes before the merits of the case. Lexwell masters both systems · French and Spanish · and is involved at every stage: assessing litigation strategy, representation before the courts, and enforcement of judgments. Dual admission to the Paris and Barcelona bars means an effective presence before the courts of both countries, with no intermediary.

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Why Lexwell?

France-Spain vision

Dual admission in Paris and Barcelona means we appear before both countries' courts without an intermediary.

180° support

From litigation strategy to forced enforcement, we handle every stage of a cross-border dispute.

Pragmatic advice

Poder para pleitos, limitation periods and enforcement measures are anticipated from the first file review.

Our support

Verifying the conditions for enforcement

The judgment must be enforceable in the State of origin, duly served on the defendant, and none of the grounds for refusal provided for by the regulation (public policy, rights of the defence, irreconcilable decisions) must apply.

Preparing the file

The original judgment + the Article 53 certificate under the Brussels I bis Regulation (issued by the originating French court) + a certified Spanish translation if required.

Poder para pleitos

Representation requires a lawyer ("abogado") admitted in Spain, a *procurador*, and a *poder para pleitos* (notarial power of attorney). This formality is a condition for admissibility. Allow several weeks if the signing executive is abroad.

Filing the enforcement application

Filed before the *Juzgado de Primera Instancia* of the defendant's domicile or the location of the assets. The court issues an *auto despachando ejecución*.

Enforcement measures

Seizure of bank accounts, garnishment of receivables, seizure of movable and immovable property. It is the court · not an independent bailiff · that directs these measures.

What we handle: commercial and distribution disputes, disputes between shareholders, debt recovery, enforcement of foreign court decisions, tax litigation before administrative courts, and disputes before labour courts.

Enforcing foreign judgments in Spain

Between EU member states, the enforcement of court decisions is governed by Regulation (EU) No 1215/2012 (Brussels I bis). It abolishes exequatur for most civil and commercial decisions. In practice, a final French judgment can be enforced directly in Spain. However, Spanish law requires a separate enforcement proceeding to be opened before the competent court · Spain has no equivalent to the French commissaire de justice, empowered to act directly. This procedural step, which we handle in full, is what makes effective debt recovery possible.

Enforcing a judgment in Spain: the steps

From the French judgment to effective enforcement in Spain, the process takes an average of 3 to 6 months, depending on the court and the debtor's cooperation.

Common mistakes made by French companies in Spanish litigation

Pursuing litigation in Spain without understanding the specifics of the Spanish legal system exposes companies to costly procedural mistakes. Here are the ones we encounter most often.

Waiting until the enforcement deadline expires · Article 518 of the Ley de Enjuiciamiento Civil sets a five-year limitation period for enforcing monetary judgments. After this period, the judgment becomes permanently unenforceable, even if it remains fully valid on the merits. This period runs from the date the judgment becomes final, regardless of the steps taken in France.

Overlooking the poder para pleitos · Unlike in France, where the ad litem mandate is implicit, Spain requires an explicit notarial power of attorney before any court representation. Its absence results in the claim being inadmissible.

Underestimating procedural differences · The Spanish system has no equivalent to the French bailiff. Enforcement is entirely directed by the court, with different timelines and procedural pace. French companies often overestimate how quickly the process moves and fail to properly plan their cash flow accordingly.

Ignoring the debtor's avenues of appeal · In Spain, debtors have grounds for opposing enforcement (motivos de oposición) under Articles 556 et seq. of the Ley de Enjuiciamiento Civil. These remedies, even when merely delaying tactics, can temporarily suspend enforcement. An effective litigation strategy anticipates them from the preparation stage.

Choosing the wrong jurisdiction · In cross-border commercial matters, determining the competent court and the applicable law comes before any other decision. A poorly drafted jurisdiction clause in the original contract can force litigation in an unfavourable country. This issue must be addressed upfront, not at the time of the dispute.