Originally from Enforcement of Money Judgments

I. PRESENT ATTITUDE TOWARD ENFORCEMENT OF FOREIGN MONEY JUDGMENTS

A. Describe the receptiveness of your government (including courts) toward enforcement of foreign money judgments.

Since the change in the Spanish political system and our country’s accession to the EEC a greater integration with the countries lying within the orbit of Western Culture can be noted.

This greater integration, implying increased international private relations in which Spanish citizens participate, has given rise to the need to deal more vigorously with the principle of international cooperation in the administration of justice, and thus in both our governing bodies and our courts a much more tolerant and open attitude has grown up with regard to the problem of the enforcement in Spain of judgments rendered abroad. At a governmental level, this attitude has been embodied in a series of new treaties entered into by Spain on this matter and in negotiations which are being held for Spain’s adhesion to already existing treaties; at the level of the courts, it is embodied in the change which has occurred in the interpretation traditionally given to certain basic norms on the matter.

Particularly, 2000 and the years that follow are noted for the adaptation of Spanish legislation to the principles of standardization and international legal cooperation set out in the international treaties signed by Spain. In this sense, the international commitments assumed by Spain on the recognition and enforcement of foreign judgments have led to major legislative innovations, such as Community Regulation (EU) no. 1215/2012  of the European Parliament and of the Council, applicable to Spain, which relates to “jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”. Said regulation was published on 12 December 2012 in the Official Journal of the European Communities, came into force on 10 January 2013 and has become applicable in full as from 10 January 2015, repealing the latter Community Regulation (EC) no. 44/2001, to the countries’ members of the European Community (excluding Denmark ) (see Appendix II).  Regulation (EU) 1215/2012 shall apply only to legal proceedings instituted, to authentic instruments formally drawn up or registered and to court settlements approved or concluded on or after 10 January 2015.