In Spain, the transmitting agencies will be the clerks of the various courts (Letrados de la Administración de Justicia).
Click on the below link to view all competent authorities related to this Article.
List of competent authorities
As regards the means of receipt, the courts currently have IT and telematics equipment, but use of this equipment is still at an early stage. The post is the only means of receipt currently available, although it may be possible to use IT tools in the future.
Languages that may be used for completion of the standard form: English, French, Portuguese or Spanish.
The Central Body designated by Spain is the Sub-Directorate General for International Judicial Cooperation at the Ministry of Justice (Subdirección General de Cooperación Jurídica Internacional del Ministerio de Justicia).
Sub-Directorate General for International Judicial Cooperation
Ministry of Justice
C/San Bernardo, 62
Fax: +34 913904457
Currently, the only means of receipt accepted is the post.
Languages accepted: Spanish, French and English.
Spain accepts the request form (standard form) in English, French and Portuguese, as well as in Spanish.
The time periods vary and depend on the type of document being served and the type of proceedings or the stage reached in the proceedings.
Generally, the time limits are three or five days.
The provisions applicable in the relevant procedural rules will apply.
Spain accepts the certificate of service in English, French and Portuguese, as well as in Spanish.
The cost of service will be that set out in the applicable Spanish law, although no amount is currently set.
Spain is opposed to the service on its territory of documents coming from other Member States and served through consular or diplomatic services, unless they concern a national of that Member State (Member State of origin).
This type of service is not provided for in Spanish law and is therefore not allowed.
In Spain, judges may lift the stay of proceedings and give judgment notwithstanding the provisions of Article 19(1) if all of the requirements set out in Article 19(2) are met.
As regards the judge’s power to accept applications for relief, Spain has specified that applications for relief will not be admissible if they are lodged more than one year after the date of the judgment.
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