Contributed By Pérez-Llorca
The enforcement procedure for a judgment from a foreign country may vary depending on whether that country is an EU member, part of an international convention or not part of any.
If the judgment comes from an EU member, Regulation 1215/2012 would be applicable. In this case, the party seeking to initiate the enforcement proceeding shall submit a copy of the judgment and a certificate issued in accordance with annex I of the regulation.
Should the judgment come from a third country (ie, a non-European country), the procedure will depend on the bilateral or multilateral agreement entered into with Spain.
In the event that no convention is applicable, we shall resort to Act nº 29/2015 on international judicial co-operation on civil matters, which foresees the application of an exequatur procedure.
In this case, the party seeking the recognition of judgment shall file a lawsuit against the debtor together with (i) the original or an authentic copy of the judgement; (ii) a document stating whether the judgment was given in default of appearance; (iii) any other document stating that the judgment is final and enforceable; and (iv) the corresponding translations into an official language in Spain. The court will decide after hearing the defendant and, if the judgment is recognised, it will be subject to enforcement according to the general regulation stated in the SCPA.