Banking Litigation in Spain

Updated on Wednesday 21st December 2016

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The litigation procedure is started when one or both parties of a specific business agreement are liable for not respecting one or more of the provisions of a contract. Litigation is the process in which the parties will bring the case in front of a Spanish court, which will have the legal right to establish the terms in which the case will be resolved. There are numerous types of litigation procedures available in Spain, related to both civil and commercial matters. One of these procedures refers to banking litigation, which has to be completed following specific steps. Our team of lawyers in Spain can offer legal representation to the investors who are involved in a litigious case occurring in the banking system.

Litigation regulations available in Spain

Persons who are involved in a litigious case in Spain will need to go through several stages of the process, which are customarily in this country.

In this sense, we mention that a litigation case is comprised of the following main stages:

• the beginning of the proceedings – the procedure requires that one of the parties will file a claim in a local Spanish court in which the person will describe the legal grounds on which the claim is based upon;

• notice to the parties involved in the trial – within 20 days since the date in which the claim was filed, the defendant will receive a notice related to the case;

• counterclaim – the defendant is allowed to file a counterclaim on the case. If so, the claimant will have 20 days to respond to the respective counterclaim;

• preliminary hearings – the parties will meet in front of the judges and will provide evidence on the case.

Our team of attorneys in Spain can offer more details on the legal requirements for the litigation stages.