Recognition and Enforcement of Foreign Court Rulings

Based on both EU and national regulations adopting measures relating to judicial cooperation in civil and commercial matters between EU member countries, our firm is able to offer the serviceRecognition and Enforcement of Foreign Court Rulings.

Who is it Intended For?

This service will be of interest to private or public individuals, companies or fellow foreign law firms that may be in the need to have a judgment executed in Spain in either civil or commercial matters. This may include:

• Creditors who need to enforce a charge recognized by a foreign court against a Spanish property at the land registry.
• Creditors of a company with assets located in Spain.

What Does it Include?

It includes both recognizing the foreign court decisions and executing them in Spain through the Spanish law courts.

Before You Start

You will need to provide the following:

• The original court resolution translated into Spanish by a sworn translator which must have affixed the Apostille seal of the Hague Convention of 5th October 1961.
• This ruling must be final and not subject to be appealed to a higher court
• The debtor must have been communicated this final ruling.
• Certificate from the Courts issuing the original ruling (template is provided)
• A Power of Attorney

Each case must be analyzed individually, as restrictions related to the different countries and jurisdictions may apply.

Case Study

Maxwell & Associates has obtained on behalf of their client a ruling whereby it is established that their client is owed monies by a debtor who is now living in Spain. This law firm hires us to execute the UK ruling in Spain whereby their client is able to successfully place charges against the Spanish assets of his debtor thus securing the owed amounts. This will avoid the debtor selling off the assets and waiving his financial liabilities to his creditor.