After Brexit, if you need your UK Judgment to be enforced in Spain, the procedure to follow is the Exequatur proceedings, which is the enforcement of a non EU Judgment.

The procedure is similar to the enforcement of a European Judgment Enforcement.

The Enforcement of a Foreign Judgment in Spain is very common. If you have a Foreign Judgment or Court Order from your country against any person that resides in Spain, this Law Firm can enforce this foreign Court Order in the Spanish Courts directly.

Therefore, if you obtained a Judgment in your favor against someone residing in Spain, you can directly enforce the Judgment in a Spanish Court.

For example, if you have a Judgment against a debtor who moved to Alicante, you will need to hire a lawyer in Spain. Once you have hired a lawyer, you will need to send the original Judgment with an official translation and confirmation from the foreign court that the Judgment is final (that it has not been appealed) and that the defendant was served. Your Spanish lawyer will send to Court an Exequatur Claim, and the debtor will be served with the Enforcement Order in his Spanish residence address.

The Spanish Judge will order the enforcement directly without analyzing the case as if the Judgment was issued by a Spanish Court.

To act in Spain against the debtor you only need the original Court Order or the Judgment that you want to enforce. In some cases, you also need the certificate from the court that issued the court order proving the legality of the court order or  judgment.

Once we have started the proceedings here in Spain, and the Foreign Judgment is approved, the Court will search for the assets of the debtor and will be seized immediately.  The Spanish Judge will not review the court order, which means that the debtor will not be able to oppose the seizure of his/her assets.

This proceeding has been carried out successfully many times by this Law Firm so please ask us should you have a court order against a person residing in Spain.

Once you send us the relevant documentation, we will study the solvency of the debtor and inform you of the possibility to collect the debt through any properties.


After Brexit, UK residents become non-EU foreigners and therefore they must apply for the military authorization to buy a property in certain areas of Spain. The areas included in the military protected area are Torrevieja, Orihuela (Alicante), Cartagena, Mar Menor area or Mazarrón (Murcia) and others like Galicia or the frontier with France or Portugal.

This obligation is regulated by the Law 8/1975, and the Royal Decree 689/1978. Although this law is considered outdated and many professionals in the area consider that it must be repealed, the law is in force and we have to bear in mind that now it also applies to UK residents that were not included in the past.

This military authorization has to be granted before signing the new Title Deeds (before completing the property purchase) and the Notary and Registrar have to request it. At present, the delay to get this authorization can be of 3 to 6 months.

The application form has to be presented in Barcelona in the Ministry of Defense office that deals with this, prior to complete the sale.


So, all non-EU nationals (except Switzerland and Norway) who want to buy a property in the before mentioned areas need to apply for it with the following documentation:

– A criminal record (obtained in their country of residence, legalized with the Apostille stamp and officially translated by a sworn translator)

– Photocopy of passport and/or residence card, officially translated by a sworn translator.

– Detailed plan of the house on a scale not less than 1/500 and a location map of the property.

-If the buyer does not fill the application in person, the representative or lawyer can do it with a power of attorney.

If you would like to know if the property you intend to purchase is in the military area please contact us

We are happy to announce that we won a case at the 1st Instance Court in Alicante for a client who purchased a property to the developer SAN JUAN URBANA in Urbanización Río Park (Muchamiel-Alicante). Our case was based on Ley 57/68 and on the precedent set by the Judgement we won at the Spanish Supreme Court […]

Case study-UK national Will but using Spanish Law so children can inherit


We have a case where a UK national made a Will choosing English Law, his nationality law. The testator only had a property in Spain, no other assets.

The testator left this property in Alicante (Spain) to his partner only and nothing to his children. This can be done according to English law but not Spanish law.  English Law also says that if the Estate is abroad then the Inheritance can be done according to the Laws in the country where the asset is located. In Spain, you are obliged to leave the inheritance to the children and then there is a share that you can leave to anybody.

The children did not agree with the partner getting all the Estate and contacted us. As the only asset of the Estate was the property in Spain, this inheritance will be ruled by Spanish Law, therefore the children have to get a share of the Estate according to Spanish Law.

So if your parents owned a property in Spain and resided in Spain but made a Will leaving the property to somebody else in a Will, we can help you with getting your share of the Spanish Estate. There are precedent and case law supporting this.

Please contact us. We will advise you about your specific case.

Homeowners in Spain with a mortgage can claim now refunds from their bank. There are abusive clauses included in many mortgage contracts in Spain. An abusive clause is a  clause not transparent to the consumer who in the end is not aware of the terms and ends up paying more for the lack of transparency […]

After the good news about IRPH from the European Court, the Appeal courts in Madrid and Barcelona gave Judgements against IRPH and against the Order of the European Court.

This is very surprising because they have to obey what the EU Court established. So now, these cases from the main Spanish Appeal Courts will be appealed to the Spanish Supreme Court, and they will decide one more time if they are following what the EU Court ordered or if they will disobey it.

Therefore, the situation right now is that half the courts in Spain are finding in favour of clients and the other half against them.

With this uncertain scenario, our advice is to wait and see how these appeals will be solved. We will not advise you to start proceedings now against the bank until the outcome is clearer.

Our advice right now is to be prudent and wait.

We are optimistic that in the end, Spanish courts will follow the order given by the European court so if you have IRPH, please contact us and we will revise your case and will keep you in our waiting list so we are ready to send the claim to the courts once the situation is clearer.

Every consultation is free and we will revise your file without any obligation with us.

Since the EU Court Judgement of 3rd March 2020, the claims for  IRPH are guaranteed provided that the bank never informed clearly and with detail of how this IRPH index works.

This is the same scenario as with the floor or ground clause. The banks never provided the necessary information to the client when contracting the mortgage so we hope that the Spanish Courts will make this IRPH void with the same success rate as with the floor clause  (97% success rate in Spain) which is 100% cases won for Cc Lawyers, we even won for officers from the bank itself that had access to the information and knowledge about this banking world.

As we did for floor clause, which is pretty like IRPH cases, we do not request any retainer or fees in advance for suing the bank and claim IRPH. Furthermore, the bank will be sentenced to pay legal fees in most cases so we trust that we will get our fees directly from the bank and the client will be refunded with the full amount claimed.

The EU Court established that this IRPH has to be replaced by another index that will be EURIBOR, despite that the Judgement does not clearly say Euribor but is the most reasonable solution and the one that the Courts will find. Therefore, the difference between IRPH and Euribor while the mortgage was active will be the amount to claim.

If you are interested in suing the bank to cancel  IRPH, you just need to call, send an email or contact us through our contact form so we can study your case. If this claim is viable, we will send you a contract with our terms and the confirmation that you will not have to pay any fees in advance to us for taking this claim to the courts.

We are happy to announce that the Supreme Court just confirmed another Judgement we won for a client who bought a property at Trampolin Hills Golf Resort.

Bank La Caixa appealed to the Supreme Court the Judgement we won in Murcia Courts and the Supreme Court dismissed the bank’s appeal and made our Judgement final.

Our case was based on Ley 57/68 and on the precedent set by the Judgement we won at the Spanish Supreme Court on the 23rd September 2015.

The legal grounds used in our claim against La Caixa are: the bank which issued general bank guarantees has to guarantee the deposits paid by every buyer.

If you are one of those buyers, please contact us and we will study your case and will give you free legal advice.

The bank LA CAIXA refunded the deposit paid by our clients and now they have to pay interests and our clients’ legal fees because our Judgement has been confirmed and is final.

The apostille stamp is a legalisation or validation certificate required in many cases when presenting documents in another country.

When dealing with an inheritance (Probate, death/birth certificate) or when a power of attorney is required, for example, you might need to get the apostille on your documents.

However, the law changed and within the European Union, the apostille is no longer necessary in some cases for public documents.

Here you have a link to the EU EU apostille information and regulations.

You can read the information posted on the EU web here too:


“Citizens living in an EU country other than their own often need to present a public document to the authorities of the EU country where they live. Such public documents can be, for example, a birth certificate to get married, or a certificate on the absence of a criminal record to get a job.

The Regulation on Public Documents (Regulation 2016/1191), which applies from 16 February 2019, aims at cutting red tape and costs for citizens when they need to present in an EU country a public document issued in another EU country.

Prior to the Regulation, citizens that needed to present a public document in another EU country had to obtain an authenticity stamp (the so-called apostille) to prove that their public document was authentic. Citizens were often also required to present a certified copy and a translation of their public document.

The Regulation puts an end to a number of bureaucratic procedures:

  • Public documents (for example, a birth certificate, a marriage notarial act, a judgment) and their certified copies issued by the authorities of an EU country must be accepted as authentic by the authorities of another EU country without the need of an authenticity stamp (i.e. the apostille);
  • The Regulation abolishes the obligation for citizens to provide at the same time both an original public document and its certified copy. Where an EU country permits the presentation of a certified copy of a public document instead of the original, the authorities of that EU country must accept a certified copy made in the EU country where the public document was issued;
  • The Regulation abolishes the obligation for citizens to provide a translation of their public document. If the public document is not in one of the official languages of the EU country requesting the document, citizens can ask for a multilingual standard form, available in all EU languages, from the authorities of the EU country which issued the public document. This form can be attached to the public document to avoid translation requirements. When a citizen presents a public document together with a multilingual standard form, the receiving authority can only require a translation of the public document in exceptional circumstances. As not all multilingual standard forms are issued in all EU countries, citizens can check which forms are issued in their EU country here;
  • If the authorities of the receiving EU country require a certified translation of the public document presented by the citizen, they must accept a certified translation made in any EU country.

The Regulation deals with the authenticity of public documents but not with the recognition of their legal effects in another EU country. The recognition of the legal effects of a public document is still governed by the national law of the EU country where the citizen presents the document. However, in applying their national law, EU countries must respect European Union law, including the case law of the Court of Justice of the European Union, on the free movement of citizens within the European Union.

Public documents mean documents issued by a public authority, such as:

  • documents emanating from a court or a court official;
  • administrative documents;
  • notarial acts;
  • official certificates placed on private documents;
  • diplomatic and consular documents.

The Regulation covers public documents issued in the following areas:

  • birth
  • a person being alive
  • death
  • name
  • marriage, including the capacity to marry and marital status
  • divorce, legal separation or marriage annulment
  • registered partnership, including the capacity to enter into a registered partnership and registered partnership status
  • dissolution of a registered partnership, legal separation or annulment of a registered partnership
  • parenthood
  • adoption
  • domicile and/or residence
  • nationality
  • absence of a criminal record
  • the right to vote and stand as a candidate in municipal elections and elections to the European Parliament.

The multilingual standard forms to be attached as translation aids to public documents can be requested in the following areas:

  • birth
  • a person being alive
  • death
  • marriage, including capacity to marry and marital status
  • registered partnership, including the capacity to enter into a registered partnership and registered partnership status
  • domicile and/or residence
  • absence of a criminal record.”

This information has been copied from– just for information purposes.