Which country's court applies, and are foreign judgments enforced in Spain?

Key rules

• EU judgments: A judgment from another EU country is enforced in Spain without exequatur, using the judgment copy and a certificate from the original court.
• UK judgments: The start date of the proceedings and any exclusive choice-of-court clause decide which route applies.
• US and other non-EU judgments: You need exequatur from a Spanish court, with a lawyer and procurador, before you can enforce.
• Court clause: Check the contract for a choice-of-court clause before anything else, because a valid one usually fixes the court.

The short answer

Pick the court first with enforcement in mind. A judgment from an EU country is enforced in Spain with little fuss. A UK judgment depends on dates and on what the contract says. A US or other non-EU judgment needs a separate Spanish court procedure first. The decision below compares the options side by side.

This page covers civil and commercial claims. It does not cover family matters, wills, insolvency or arbitration.

Which court can hear the case

If the defendant lives in an EU country, the general rule is that you sue in that country. A defendant living in Spain is sued in Spain.

There are exceptions that let you sue elsewhere:

• Contract claims: the court at the place where the contract is performed.
• Harm claims (torts): the court where the harm happened.
• Property: disputes over rights in a property go to the courts where the property is. This rule is exclusive, so no other court can take the case.
• Choice-of-court clause: if the contract validly names a court, that court has jurisdiction.
• Consumers: you can sue in your own country, but you can only be sued where you live.
• Employees and insured people: they also get protective rules, which often let them sue at home.

If the defendant lives outside the EU, Spanish courts use their own national rules. They can hear the case if the matter falls under an exclusive Spanish forum, if the parties agreed to Spanish courts, if the defendant lives in Spain, or if the obligation is performed in Spain. The rules vary by type of claim, so check yours before filing.

Judgments from another EU country

An EU judgment is recognised automatically in Spain and needs no exequatur. This applies to proceedings begun from 10 January 2015. Older cases follow the previous EU rules.

To enforce it:

1. Ask the court that decided your case for the certificate that goes with the judgment.
2. Submit the judgment copy and the certificate to the competent Spanish court. Enforcement then runs through the Juzgado de Primera Instancia where the debtor lives or where enforcement will happen.
3. The debtor may be served with the certificate before enforcement starts.

The debtor can ask the court to refuse enforcement. The grounds are:

• public policy;
• a defendant who did not respond was not properly served;
• an irreconcilable judgment;
• breach of the protective or exclusive jurisdiction rules.

Judgments from the UK

The EU rules no longer apply to UK judgments in proceedings begun after 31 December 2020. Cases begun before the end of 2020 stay under the EU rules.

For later cases, the route depends on the facts:

• Exclusive choice-of-court clause: if the clause was made after 1 January 2021 and favours UK courts, an international convention on choice of court covers the judgment.
• Proceedings begun after 1 July 2025: a newer international convention on judgments applies between the UK and the EU.
• Anything else: you need exequatur under Spanish national law. It is not automatic, and the court looks at whether a treaty or reciprocity applies.

Because the right route turns on dates and clauses, have a Spanish lawyer check your case before you start.

Judgments from the US and other non-EU countries

Expect to need exequatur. This is a Spanish court procedure that recognises a foreign judgment so it can be enforced. There is no general treaty between the US and Spain that avoids it, unless a specific treaty covers your case.

• You file with the Juzgado de Primera Instancia (or the commercial court, Juzgado Mercantil) where the debtor lives or where enforcement will happen.
• You need a lawyer and a procurador, the court representative who files for you.
• The debtor is heard, and the public prosecutor takes part.
• The documents are listed in the documents section below.

The court can refuse if the judgment:

• is contrary to public policy;
• breaches exclusive Spanish jurisdiction;
• breached the defendant's right to a defence;
• conflicts with a Spanish or earlier judgment;
• concerns a case already pending in Spain.

Lack of reciprocity is not a bar to recognition. Once exequatur is granted, the judgment is enforced under the normal Spanish rules.

What to do before you sue

Use the checklist below. The key points are where the defendant lives, whether the contract has a court clause, and when the proceedings began.

Choosing between options

Which court should you use so the judgment can be enforced in Spain?

• Spanish courts: The defendant lives in Spain, the contract is performed in Spain, the property is in Spain, or the parties agreed to Spanish courts.

• Another EU country's courts: The defendant lives in that EU state or the contract names it. The judgment is then enforceable in Spain without a recognition procedure.

• UK courts: The parties made an exclusive choice-of-court agreement for UK courts after 1 January 2021, or the proceedings began after 1 July 2025. Otherwise the judgment may need exequatur in Spain.

• US or other non-EU courts: The defendant has assets mainly outside Spain. Expect to need exequatur in Spain, since no general treaty with the US exists.

Choose the court of the state where the defendant lives or has assets. If you must choose a court outside the EU, check first whether a treaty or convention covers it. Otherwise plan for exequatur in Spain.

Documents you need

• Copy of an EU judgment, as issued by the court that decided the case, to submit for enforcement in Spain.

• Certificate issued by the court that gave the EU judgment, which you submit with the judgment copy to the Spanish court.

• Original or certified copy of a non-EU judgment, such as a US judgment, for the exequatur petition.

• Apostille or legalisation on the non-EU judgment, so Spanish courts accept it as genuine.

• Sworn translation of the non-EU judgment into Spanish.

• Proof that the non-EU judgment is final and that the defendant was properly served.

Checklist

• Check whether the defendant lives in the EU, because that decides which jurisdiction rules apply.

• Check whether your claim has a special forum, such as the place the contract is performed, where the harm happened, or where the property is.

• Check the contract for a choice-of-court clause and which courts it names.

• Check whether you are a consumer, employee or insured person, since protective rules may let you sue at home.

• Ask the court that decides your case for the certificate you will need to enforce an EU judgment in Spain.

• Check the date the proceedings began, because it decides whether the current EU rules or older ones apply.

• For a UK judgment, check the start date and whether an exclusive choice-of-court clause favours UK courts.

• For a US or other non-EU judgment, hire a lawyer and procurador to file for exequatur at the first-instance court where the debtor lives or where you will enforce.

Frequently asked questions

Can a Spanish court hear my claim if the defendant lives outside the EU?

Yes, Spanish courts can hear it if a Spanish rule gives them jurisdiction, such as the defendant agreeing to Spanish courts, a Spanish domicile, or performance of the contract in Spain. For defendants outside the EU, Spanish courts fall back on their own national jurisdiction rules. Exclusive forums, such as property in Spain, also count.

Do I need a court procedure to enforce an EU judgment in Spain?

No, a judgment from another EU state is enforceable in Spain without a special recognition procedure (exequatur). You submit a copy of the judgment and a certificate from the court that issued it. The debtor can then ask a court to refuse enforcement on limited grounds, such as public policy or improper service.

Can a UK judgment still be enforced in Spain after Brexit?

Yes, but the route depends on when the case began and on the jurisdiction clause. Cases begun on or before 31 December 2020 still follow the EU rules. Later ones may fall under a Hague convention, or otherwise need exequatur under Spanish law, which is not automatic.

Is there a treaty that lets me enforce a US judgment in Spain directly?

No, there is no general treaty between the US and Spain, so a US judgment needs exequatur in a Spanish court. You file with a lawyer and procurador, and the debtor is heard. Once granted, the judgment is enforced like a Spanish one.