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Small claims

Content provided by:
European Judicial Network
European Judicial Network (in civil and commercial matters)

1 Existence of a specific small claims procedure

Yes, oral proceedings for claims up to EUR 6 000. Without prejudice to the possible application of the European small claims procedure, which is governed by Regulation (EC) No 861/2007 of the European Parliament and of the Council in cases where budgets are given for its application.

1.1 Scope of procedure, threshold

Claims up to EUR 6 000 are pursued via oral proceedings.

1.2 Application of procedure

By means of an application filed in writing.

1.3 Forms

There are no standard, mandatory forms. However, the Senior Judges’ Offices (Decanatos) provide standard forms that can be used for claims up to EUR 2 000, by the plaintiff to formulate the application, and by the respondent to contest it.

These forms can be downloaded from the website of the General Council of the Judiciary (Consejo General del Poder Judicial).

1.4 Assistance

Claimants may appear at the oral proceedings in person, but if the amount of the claim exceeds EUR 2 000, the involvement of a lawyer (abogado) and a procedural agent (procurador) is mandatory.

1.5 Rules concerning the taking of evidence

The general rules govern evidence: any kind of evidence is accepted, and it is possible to request and produce evidence before the hearing.

1.6 Written procedure

Written formalities in the procedure include the claim and the defence. Procedural issues are resolved at the trial. Similarly, evidence is offered orally and produced primarily in court.

1.7 Content of judgment

The judgment is given with reasons and in writing, in the same form as in any other procedure.

1.8 Reimbursement of costs

If a lawyer and procedural agent are mandatory, and there is an order to pay costs, the party in whose favour costs are ordered may be reimbursed for the costs of the proceedings, after assessment, and provided these do not exceed a third of the amount of the proceedings for each of the litigants who have obtained the order.

If the litigant who has won costs lives away from the place of the trial, the procedural agent's expenses may be reimbursed, even if the involvement of a procedural agent is not mandatory.

1.9 Possibility to appeal

The judgment is appealable if the amount of the case exceeds EUR 3 000. The appeal is presented at the same court, in writing and within a maximum period of 20 days.

The provincial court (Audiencia Provincial) is responsible for hearing appeals and no appeals may be lodged against its judgment.

Last update: 30/10/2019

The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.


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