🇪🇸 Spain

1. The status of digitalisation in enforcement of the judgments under the regulation in

question (a) under EOP Regulation, and (b) under EEO Regulation

Due to the nature of the two procedures in question, both could be entirely processed electronically, as they mainly involve documentation and standardized forms. The Spanish legal system has made significant strides in digitalization in recent years. Applications for EOP and EEO, along with any objections, can now be submitted electronically. For certain topics, this has been mandatory since the adoption of Royal Decree-Law 6/2023 on December 19, which encourages electronic processing of judicial files. Citizens without legal representation have the option to choose whether to communicate and receive notifications from the Administration of Justice electronically. In contrast, legal entities, organizations without legal status, and legal professionals, such as lawyers and solicitors, are required to submit documents and communicate with the Administration of Justice through electronic means (art. 273 LEC) Despite the above, there are limitations and a long way to go in the electronic processing of the EOP and EEO, as there is no specific telematic platform for these procedures. Lawyers or court representatives should use the LEXNET platform, used for the secure exchange of information between judicial bodies and legal operators in Spain. Private individuals without a procedural representation can use the e-Justice portal to complete the form and send it to the competent court via the electronic platform of the Ministry of Justice. This service allows anyone to submit electronic documents addressed to the Administration of Justice. The forms for the EOP and EEO are not available in this electronic platform, fact that requires some rectification.

Procedural aspects

2. Competent court or authority and procedure involved in the enforcement (a) under EOP

Regulation, and (b) under EEO Regulation

(a) European Order for Payment (EOP) Regulation

The Court of First Instance of the defendant's domicile has jurisdiction to enforce an EOP in Spain that has become enforceable. It is also competent to refuse enforcement of the European order for payment, at the request of the defendant, as well as to limit enforcement, or suspend enforcement proceedings as referred to in Articles 22 and 23 of EOP Regulation. The execution of payment orders, subject to the specific provisions of the Regulation (Articles 21 to 23), will be governed by the implementing rules of the LEC (Articles 538 et seq. LEC) and will be determined by an appealable order. The handling of any refusal to execute the European payment order, as well as limitations on execution or suspensions, will follow the provisions outlined in Articles 556 et seq. of the LEC, resulting in an order that is not open to appeal. To request enforcement, the intervention of a lawyer and a court representative (procurador in Spanish) is necessary when the amount exceeds 2,000 euros. An EOP judgment issued by another EU Member State can be enforced in Spain without requiring an exequatur (art. 21 of the Regulation). The foreign judgment is equivalent to a final judgment and follows the procedure for judicial enforceable titles, without needing any examination to certify its enforceability. The documents to be submitted for the enforcement claim in Spain are derived from art. 21.1 EOP Regulation and art. 550 LEC. The required documents are: 1) A copy of the enforceable EOP. 2) Translation if necessary. 3) Any other document the executor deems necessary for the claim execution. The EOP will be enforced in Spain under the same conditions as national enforceable titles. Consequently, actual enforcement cannot proceed until 20 days have passed since the notification to the debtor. During this period, the defendant's assets cannot be seized, nor can any security measures be imposed on them, and enforcement actions cannot be taken. After this specified period, enforcement will adhere to the regulations of the lex fori, while also considering the stipulations of Articles 22 and 23 of the EOP Regulation, which address the refusal of enforcement and the grounds for its suspension.

(b) European Enforcement Order (EEO) Regulation - The Court of First Instance at the defendant's domicile or the place of enforcement is the competent authority in Spain for enforcing decisions, court transactions, and public documents certified as European Enforcement Titles from other Member States. The enforcement procedure follows internal procedural rules, requiring a copy of the enforcement title, the EOP certificate, and a Spanish translation of the latter. Once the EEO is acknowledged, the enforcement procedure will follow the same protocol as executing a final Spanish judgment, under articles 538 and following of the LEC. The judge will initiate the enforcement process, identifying the creditor and the measures to be taken. Most of the enforcement procedure will be managed by the Clerk of the Court. Representation by a Court representative, along with assistance from a lawyer, is required if the amount in question exceeds 2000 euros. Enforcement measures will not commence until 20 days after the debtor has been notified. The creditor may request any necessary enforcement actions to ensure compliance with the obligation stated in the title. These actions may include asset investigations, seizures, auctions, precautionary measures, or other legal remedies as dictated by Spanish law. If the debtor wishes to contest the enforcement measures, he may file the appeals stipulated in Spanish legislation.

3. rules on service

Regarding the notification regime applicable to both procedures, the modalities of service provided for in the LEC that align with those in the Regulation must be used. This allows for all forms provided in the Spanish procedural system, except notification by edict. Art. 152.2 LEC specifies that acts of communication will be conducted through a court representative for those represented in the process by this figure (arts. 153 and 154 LEC) or through officials of the Judicial Assistance Corps. Priority is assigned to notifications made through computer or telematic means, as stipulated in Article 162 of the LEC. The law stablishes that all individuals required to utilize the electronic systems available within the Administration of Justice will receive notifications electronically. This includes all legal professionals and those individuals specifically mentioned in Article 273 of the Spanish procedural law. The intervention of the court representative in the European order for payment procedure is not mandatory. Art. 155 establishes that communication will be carried out electronically when the party not represented is legally or contractually obliged to interact electronically with the Administration of Justice. Otherwise, communication will be attempted by certified mail through postal service or another means that allows a record of the receipt of the notification, the date of receipt, and its content to be left in the file. Communication will be carried out at the domicile of the recipient.

4. Language of the certificate and documents to be appended

Under both EOP and EEO Regulation

In Spain, under the EOP Regulation and the EEO Regulation, the official language for proceedings is Spanish. However, some regions (Autonomous Communities) have their own co-official language. While the courts use Spanish, documents submitted in a region's official language are valid and effective without needing translation into Spanish. Their translation will be done automatically and without cost if they must take effect outside the jurisdiction of the courts in the Autonomous Community. Certificates issued under both regulations, including standard forms and annexes such as Annex I (EOP) and Annex I (EEO), as well as other accompanying documents, must be submitted in Spanish or the official language of the autonomous community in which the competent authority is located. For the enforcement in Spain of EOP and EEO certificates issued in other Member States, an official translation into Spanish or the official language of the respective autonomous community where the judicial proceedings occur must be provided, certified as outlined in Article 21 of EOP Regulation. A translation of the original judicial decision that formed the basis for the EEO certificate is not necessary, as the certificate includes sufficient information to identify the essential elements required for enforcement. The party submitting the documents generally bears the costs of translation. However, when the party receives free legal aid, this aid will also cover the translation costs of documents and certificates.

5. enforcement fees

Under both EOP and EEO Regulation

In Spain, enforcing judicial titles is exempt from court fees in Spain. Since EOP and EEP certificates are considered judicially enforceable titles, their enforcement requires no fee. However, the person against whom enforcement is sought must pay a fee if decides to oppose it. In this case, the fee's taxable base is €200, plus an amount derived from applying a variable rate based on the enforcement amount. Regarding costs, these include the fees for defense and technical representation, advertisement insertions required during the process, deposits for appeals, payments to experts and other involved parties, requests for copies or certifications, document translations, and incidents initiated by the parties during execution. Therefore, costs of the procedure will depend on the processing and complexity of the matter. According to domestic law, unless stated otherwise, the general rule is that the person against whom enforcement is made is responsible for the process costs and expenses, which are added to the total amount of the enforcement. Until that final time, the person against whom the enforcement is made must pay the costs and expenses incurred throughout the process, except for actions requested by them or other parties, which must be paid by the requester. Beneficiaries of free legal aid are exempt from these costs. Payments can be made via bank transfer, card, or in-person at the court office.

6. Refusal, stay, or limitation of the enforcement procedure under the regulation in question in

the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

a) Under the EOP Regulation Article 22 of Regulation (EC) No 1896/2006 (EOP Regulation) permits the court of the Member State of enforcement to deny enforcement in specific cases. In Spain, the Courts of First Instance handle the enforcement of European Payment Orders (Article 545 of the Law on Civil Procedure, LEC). If the debtor opposes, the national rules on enforcement proceedings outlined in Articles 556 et seq. LEC apply. Article 22 of the EOP Regulation states that enforcement may be refused if it is clearly incompatible with the public policy of the Member State. In Spain, this covers violations of the right to effective judicial protection (Article 24 of the Spanish Constitution) or procedural errors in the payment order, such as defects in form or service. Regarding the procedure, the interested party may file an opposition before the competent court, according to article 556 LEC. Depending on the circumstances, the judge may temporarily suspend the enforcement (article 567 LEC) or limit it if there are justified reasons. Suspending enforcement stops all executive actions, including precautionary measures. If the opposition is well-founded, the judge will reject the enforcement, render it ineffective, and may order the applicant to pay costs (art. 394 LEC).

(b) Under the EEO Regulation Article 23 of EEO Regulation, which governs exceptions to the automatic enforcement of decisions certified as European Enforcement Orders, is fully effective in Spain. The Courts of First Instance are competent to process enforcement proceedings based on EEO certificates (Article 545 LEC) and are responsible for deciding on the refusal, stay, or limitation of the enforcement procedure. The grounds for requesting refusal of enforcement are stated in Articles 21 and 23 of the Regulation. These include the irreconcilable nature of the decision with another decision on the same subject matter and the same parties, it means, res judicata. Similar to the EOP procedure, enforcement may also be refused if the decision is manifestly incompatible with Spanish public order, particularly if it violates fundamental rights, or if there are irregularities in the EEO certificate according to the Regulation. Regarding the procedure, the grounds for opposition to the enforceable title included in Article 21 LEC are presented through a summary procedure called oral procedure (procedimiento verbal in Spanish). If the opposition is well-founded, the procedure will be terminated, the judge will reject the enforcement, and the applicant may be ordered to pay costs. The suspension or limitation of enforcement follows the criteria and rules established in art. 23 of the Regulation, which the debtor can directly invoke before the court. Thus, at the debtor's request, the judge may limit the enforcement procedure to precautionary measures, require a guarantee determined by the judge, or suspend the enforcement procedure if exceptional circumstances arise. Regarding the consequences of these incidents, most involve the suspension of the enforcement procedure until its resolution.

7. Availability of any legal aid for guidance on the enforcement procedures under the

regulation in question in the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

In Spain, access to justice is guaranteed by the Constitution and the Free Legal Aid Act (Act 1/1996 of 10 January, amended by Act 42/2015). Legal aid is available for proceedings under the EOP Regulation and the EEO Regulation, governed by the same criteria as any other judicial procedure. Individuals and small and medium-sized enterprises that do not exceed the minimum income established by law may benefit from this assistance. Since a lawyer and solicitor are mandatory for executing these titles (unless the EOP amount is less than 2000 euros), this legal aid will also be guaranteed in the execution phase. Legal assistance coverage includes advice and guidance on processing EOP and EEO applications, preparation of mandatory forms and translations, technical representation and defense if a lawyer's intervention is needed, and exemption from court fees and procedural costs (articles 6 and 27 of Free Legal Aid Act).

8. Critical assessment of the enforcement procedures under the regulation in question in the

intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

(a) European Order for Payment (EOP)

The EOP largely achieves its objective of simplifying and accelerating cross-border debt recovery for uncontested claims, offering creditors a low-cost and efficient alternative to national procedures. It represents a major advancement in EU procedural law, strengthening access to justice and facilitating cross-border litigation. Its positive impact is evident both at EU level and within national systems, such as Spain, where it has supported the alignment of domestic procedures with European standards. Nevertheless, several shortcomings remain. First, the EOP presupposes that the debtor's address is known, which is often not the case in cross-border disputes, limiting its practical applicability. Second, the absence of any obligation on creditors to submit evidence at the application stage may weaken the debtor's procedural safeguards and diverges from national models that require a minimum evidentiary basis. Third, the strong reliance on lex fori in areas such as service, review, and enforcement risks undermining uniformity and encourages forum shopping; greater harmonisation at EU level would enhance legal certainty. Finally, despite progress in digitalisation, Spain still lacks a fully integrated electronic platform for EOP proceedings. A dedicated digital system, including automated translation tools and uniform technological standards across judicial districts, would significantly reduce costs and procedural inequalities.

(b) European Enforcement Order (EEO)

The EEO constitutes a substantial improvement in the cross-border enforceability of judgments, building on mutual trust and the extension of effects of foreign decisions. In Spain, its implementation complies with EU requirements and integrates smoothly into domestic enforcement mechanisms, enabling creditors holding uncontested titles to enforce their claims more effectively. The availability of free legal aid further enhances access to justice in EEO proceedings. However, several practical and legal challenges persist. Locating the debtor's domicile or assets remains a major obstacle for creditors. In addition, the Regulation does not regulate limitation or expiration periods for enforcement actions, giving rise to legal uncertainty and divergent interpretations between the law of the State of origin and that of the State of enforcement. Harmonisation in this area-preferably by applying the law of the State of origin-would improve coherence. Finally, as with the EOP, the effectiveness of the EEO depends on the full digitalisation of enforcement procedures. Spain still lacks a comprehensive telematic system for executive actions, including asset tracing and inter-administrative data exchange, which limits the practical efficiency of cross-border enforcement.