After the transitional period for Brexit (i.e. after 31st December 2020) when a UK enforceable decision such as a final judgment is issued, Spanish law requires that the enforcement in Spain of such a judgment is subject to a process known as an exequatur.
This is because UK enforceable decisions are no longer governed by EU legislation, but by Spanish law regulating the recognition and execution of sentences passed in third countries.
In general, for a UK Order to be fully enforceable, it is necessary for the applicants to grant a Spanish POA before a Notary Public. This will enable the local procurators and lawyers to act on their behalf at the Spanish Court.
The application must be drafted and signed by a Spanish lawyer who will be representing the party seeking the enforcement of the judgment before the court.
The application will be allocated and the related documents produced will be examined by the court clerk. Then, the public prosecutor, who always takes part in these proceedings, will ensure Spanish public policy principles are respected.
Finally, if the application performs the requirements of the Spanish law the Spanish judge will issue an Order enforcing the UK one in Spain.
It is a more complicated and onerous process than before the end of the Brexit transition period.
Please do not hesitate to contact Marc White & Co. to discuss this or any other matter regarding Spain.
Categorised in: Spanish Law
This post was written by Yolanda Perez