Spain’s civil courts handle a wide range of legal disputes, from contract breaches to property issues. If you’re a foreign national or company involved in a legal matter in Spain, understanding the civil litigation process is critical.
This guide walks you through the key steps in Spanish civil litigation, timelines, and how to navigate the system as a foreigner.
🧾 What Is Civil Litigation in Spain?
Civil litigation involves non-criminal disputes between individuals, businesses, or institutions — such as:
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Breach of contract
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Property ownership conflicts
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Inheritance claims
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Family law disputes
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Commercial disagreements
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Unpaid debts
⚙️ Spanish Civil Court System Overview
Spain has a multi-tiered judiciary:
| Court Level | Handles |
|---|---|
| Juzgado de Primera Instancia | Most civil cases begin here |
| Audiencia Provincial | Appeals from the lower court |
| Tribunal Superior de Justicia | Regional court for further appeals |
| Tribunal Supremo (Supreme Court) | Final civil appeal |
| Constitutional Court | Only for fundamental rights issues |
⚠️ Foreigners have equal standing before Spanish courts.
đź“‹ Step-by-Step Civil Litigation Process in Spain
1. Pre-litigation Stage
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Legal review and attempt to settle out of court
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Formal letter of demand (requerimiento notarial)
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Some cases require mandatory mediation or conciliation
2. Filing the Lawsuit
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File a written complaint (demanda) with the appropriate court
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Must include:
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Legal basis
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Evidence
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Requested relief (e.g. compensation)
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3. Admission and Notification
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Court decides if the case is admissible
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Defendant is formally notified and given 20 business days to respond
4. Preliminary Hearing (Audiencia Previa)
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Court may explore settlement
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Defines disputed facts and evidence
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Schedule is set for trial
5. Trial (Juicio Oral)
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Parties present arguments, documents, and witnesses
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Can be completed in 1–2 days depending on complexity
6. Judgment
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Decision is typically issued within 20–60 business days
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Includes rationale and remedy granted
7. Appeals
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Filed within 20 days
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Heard by the Audiencia Provincial or higher courts
⏳ Timelines in Spanish Civil Litigation
| Phase | Average Time |
|---|---|
| Pre-litigation | 2–8 weeks |
| Filing to hearing | 3–6 months |
| Trial to judgment | 1–2 months |
| Appeals | 6–12 months |
Complex cases or overloaded courts can extend this process.
🌍 Civil Litigation for Foreigners in Spain
Foreign individuals and businesses can sue and be sued in Spanish courts.
Requirements include:
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Appointing a Spanish lawyer (abogado)
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Granting power of attorney for court representation
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Having documents officially translated (sworn translator)
Spanish courts accept foreign evidence, provided it is authenticated.
🏛️ Legal Costs in Civil Proceedings
Costs include:
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Court fees (tasas judiciales — sometimes waived for individuals)
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Legal fees (abogado and procurador)
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Expert witness fees
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Translation costs
⛔ In some cases, the losing party pays legal costs (“costas”) — especially if the claim is clearly unfounded.
🤝 Alternatives to Litigation in Spain
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Mediation (mediaciĂłn): Especially for family or commercial disputes
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Arbitration (arbitraje): For contractual conflicts
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Notarial enforcement: For certain debts or obligations
These may be faster and less costly than going to court.
👨‍⚖️ How Borderless Lawyers Can Help
We support foreign clients in all civil matters in Spain:
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Pre-litigation negotiation & demand letters
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Filing lawsuits & managing the full litigation process
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Representing you in court
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Enforcing foreign judgments in Spain
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Advising on appeals or arbitration options