Enforcement of european judgments

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Enforcement of judgments from another member state

If you already have a sentence that recognizes rights and what you need is to execute it in Spain or in another member state of the European Union, this is possible thanks to the mechanisms of recognition and execution of sentences of European Law. The applicable regulations are Regulation (EU) No. 1215/2012 of the European Parliament and of the Council, of December 12, 2012, regarding judicial competence, the recognition and enforcement of judicial decisions in civil and commercial matters.

On January 10, Regulation 1215/2012 of Dec 12 DOUE came into force , replacing the previous Regulation 44/2001 of Dec 22 DOUE , which implies free movement and enforcement of judgments in the European Union.    

In this way, companies and consumers will find it easier to execute any resolution issued by another Member State due to the immediacy that it will entail, thus saving costs and time.

The current Regulation abolishes the exequatur procedure, mandatory for legal actions taken until January 10, 2015, so when executing a foreign judgment it is no longer necessary to provide all the documentation that the Spanish court should review, and subsequently issue a approval resolution and transfer to the executed party to file opposition. Only after this process, which took several months, could precautionary measures and property seizure be requested. Since January 10, this phase is omitted, directly urging the execution, as if it were a sentence handed down in Spain.

Of course, the effect is concentrated on business and consumers, and does not apply to arbitrations or incidental issues related to them. Nor will it apply to tax, customs or administrative issues, State responsibility, capacity of individuals

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