A foreign investor who is doing business in Spain should know the basics of the recognition of foreign judgments in this country in case he will need such a procedure for his company. The Spanish legislation makes a distinction between the foreign judgments in countries that are not EU members and those that are members of the Union. The recognition of the foreign judgments is made according to the international treaties and laws and the execution of these judgments is regulated by the Spanish laws.
The foreign judgment that is to be recognized in Spain should not violate the public order in this country, be in an authentic form and trustworthy. If you are interested in the conditions that must be followed in order to recognize a foreign judgment in Spain, you may contact our law firm in Spain.
The documents you should submit to the court of first instance are the following:
- certified authentic copy of the judgment (apostilled according to the Hague Convention),
- certificate of the official transcript proving that the judgment is final,
- certificate of notification of judgment to the defendant,
- translation in Spanish language,
- a general power of attorney for litigations.
The legislation for the recognition of foreign judgments in Spain is formed by the Regulation (EU) Nº 1215/2012 of the European Parliament and of the Council, that came into force at the beginning of 2015 and it is applied for the judgments in the countries that are EU members.
The Regulation (EC) 44/2001 is valid for judgments in commercial and civil matters and Regulation 805/2004 for undisputed claims. According to these regulations, a foreign judgment issued by a court in an EU member state will be generally recognized in Spain without a special procedure that is possible to be followed in case the application for recognition is contested.
The details for the recognition of a foreign judgment from another country, outside EU, are to be found in the Spanish Code of Civil Procedure.
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