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Suing a company in Spain

How to bring a commercial claim in Spain: the commercial courts, the ordinary vs oral procedure, mandatory representation, and how a claim begins.

LG
The LawyerGo Team
· 6 min read
Suing a company in Spain

Spain splits business disputes between specialised commercial courts and the general first-instance courts.

Which court has jurisdiction

For cross-border claims, Brussels Ia generally points to the courts of the defendant company’s seat, subject to special rules and jurisdiction clauses.

Commercial vs ordinary courts

The Juzgados de lo Mercantil (commercial courts) handle matters such as insolvency, intellectual property, competition and company-law disputes; general monetary claims go to the first-instance courts (Juzgados de Primera Instancia).

Ordinary vs oral procedure

Claims run as a juicio ordinario or, below a threshold, a faster juicio verbal. Beyond small amounts, you must be represented by both a court agent (procurador) and a lawyer (abogado).

How a claim starts

Proceedings begin with a written claim (demanda). Costs can be awarded against the loser, subject to the court’s assessment.

For foreign claimants

A verified Spanish colleague can confirm the right court, arrange the procurador, and file the demanda.

Procedure and thresholds change — confirm with admitted Spanish counsel.

LG
The LawyerGo Team
Editorial

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