Maintenance obligations

Spain

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Spain

FINDING COMPETENT COURTS

The search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument. Please note that although every effort has been made to ascertain the accuracy of the results, there may be some exceptional cases concerning the determination of competence that are not necessarily covered.

Spain

Familiy law - maintenance obligations


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Article 71 1. (a) - Courts for application for a declaration of enforceability and courts for appeal against decisions on such applications

The courts of first instance and the special courts dealing with gender-based violence will be the competent authorities, within the scope of their powers (Article 87 of the LOPJ [Organic Law on the Judiciary]).

Appeals against the decisions of the courts of first instance can be lodged with the provincial courts.

Article 71 1. (b) - Redress procedure

Extraordinary appeals for breach of procedure lodged with the High Court of each Autonomous Community and appeals lodged with the Spanish Supreme Court are governed by CHAPTERS IV (‘Extraordinary appeals for breach of procedure’) and V (‘Appeals’) respectively of TITLE IV of Law 1/2000 on Civil Procedure.

Article 71 1. (c) - Review procedure

The review procedure takes place before the same courts that handed down the decision, the courts of first instance. The review procedure set out in Article 19 of Regulation (EC) No 4/2009 will be carried out in line with CHAPTER II, “Appeals for judicial reviews and motions to have judgments set aside”, of TITLE IV of Law 1/2000 on Civil Procedure.

Article 71 1. (d) - Central Authorities

The Ministry of Justice.

Sub-Directorate for International Judicial Cooperation

c/ San Bernardo, 62

28071 Madrid, Spain

Tel. 00 34 91 3902295/94

Fax No: 00 34 91 3904457

e-mail SGCJIAlimentos@mjusticia.es

Article 71 1. (f) – Competent authorities for enforcement

The courts of first instance in the capital of the province where the party against whom enforcement is requested has his/her residence or of the province where the judgment is to be enforced.

Article 71 1. (g) - Accepted languages for translations of documents

The languages accepted in accordance with Articles 20 and 40 are Spanish and Portuguese.

Article 71 1. (h) - Languages accepted by Central Authorities for communication with other Central Authorities

The languages accepted by the Central Authority in accordance with Article 59 are Spanish and English.

Last update: 12/03/2019

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