The Court of First Instance (juzgado de primera instancia) and the Commercial Court (juzgado de lo mercantil) as laid down in Article 86b(2) of Spain’s Organic Law on the Judiciary (Ley Orgánica del Poder Judicial), in particular for cases where the claim is linked to a claim deriving from a transport contract.
In addition to submissions in person before the competent court and submissions by post, Spanish courts also permit the submission of claims via the Electronic Courthouses (sedes judiciales electrónicas) of the authorities responsible for the administration of justice.
The parties can obtain practical assistance to fill in the forms, or find out more about the European Small Claims Procedure and the competent bodies for issuing a judgement, from the citizen advisory offices listed by the courts.
A technical advice service is provided for the submission of claims via an Electronic Courthouse.
Via the Electronic Courthouses.
The following parties must use electronic means of communication with the courts:
a) Legal persons;
b) Entities without legal personality;
c) Professionals working in areas requiring registration in a professional organisation for any formalities and actions that they carry out with the Courts Service when exercising their professional activities;
d) Notaries and registrars;
e) Representatives of an interested party that must have electronic dealings with the Courts Service;
f) Public administration officials for any actions and steps that they carry out because of their position.
The European Small Claims Procedure is not subject to a court fee.
No appeals can be lodged for small claims of less than EUR 3 000.
For claims of EUR 3 000 to EUR 5 000, appeals can be lodged before the court that issued the initial judgement, which will rule on their admissibility and subsequent referral for judgement to the Provincial Court (Audiencia Provincial). The deadline for appeal is 20 working days as of the day following the notification date of the judgement.
The appeal must be lodged in accordance with the procedures for ordinary proceedings.
The Court of First Instance and the Commercial Court, as laid down in Article 86b(2) of Spain’s Organic Law on the Judiciary (in particular for cases where the claim is linked to a claim deriving from a transport contract).
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