Spain's civil justice system is undergoing its most significant procedural overhaul in more than two decades. The amendments to civil procedure rules, which entered into force in early 2025, affect every stage of litigation – from the initial demanda (statement of claim) through to ejecución de sentencia (judgment enforcement). For international companies conducting business through a Sociedad Anónima (SA) or Sociedad de Responsabilidad Limitada (SL), the risk of procedural missteps has increased materially. Missing a revised deadline or filing in the wrong format can result in an inadmissible claim – a loss that cannot always be recovered.
Spain's amended civil procedure rules introduced stricter digital filing requirements, revised timeframes for submitting written pleadings, and new conditions governing interim injunction applications. The changes apply to all civil and commercial proceedings initiated on or after 1 January 2025. International litigants operating through Spanish corporate vehicles must audit their existing litigation posture and adapt internal processes before initiating or defending any new proceeding.
This alert explains what changed, which businesses are affected, and what steps to take immediately to protect your legal position in Spain.
What changed and when it took effect
The 2025 amendments to Spain's civil procedure rules introduced reforms across three core areas: digital case management, pleading standards, and interim relief.
Mandatory electronic filing. All court submissions in civil and commercial proceedings must now be lodged through Spain's unified electronic justice portal. Paper filing is no longer accepted in proceedings before courts in provincial capitals and major cities. The transition period ended on 31 March 2025. From that date, paper submissions are returned unfiled – without extension of any deadline.
Revised pleading standards. The amended rules require claimants to annex all documentary evidence at the moment of filing the statement of claim. This eliminates the prior practice of submitting evidence incrementally during proceedings. The consequence is significant: evidence not filed with the initial pleading may be excluded entirely, unless the party demonstrates that the document was genuinely unavailable at the time of filing. Courts have applied this exclusion strictly in early 2025 proceedings.
Interim injunction procedure. The threshold for obtaining an interim injunction has been clarified. Applicants must now demonstrate fumus boni iuris (a reasonable prospect of success on the merits) and periculum in mora (risk of harm from delay) in a single consolidated submission. The prior sequential process – which allowed separate hearings for each condition – has been abolished. The consolidated hearing must take place within fifteen days of the application. Applicants who prepare inadequate initial submissions have no further opportunity to supplement their case at the hearing.
Enforcement proceedings. Judgment enforcement procedures have been streamlined. Creditors holding a final judgment may apply for attachment of assets on an expedited basis, with initial asset-tracing orders processed within ten working days. However, the amendments also impose new procedural requirements on the enforcement application itself – including a certified statement of outstanding amounts prepared by a Notario (notary public) or legal representative.
The Tribunal Supremo (Supreme Court of Spain) has indicated, in early commentary on the reforms, that it expects strict compliance from the date of entry into force. Lower courts have already dismissed several procedurally defective claims without reaching the merits.
For international companies managing commercial litigation in Spain, the practical effect is clear: the margin for procedural error has narrowed considerably. Engaging a Spanish commercial disputes specialist at the earliest stage is now more important than before.
Who is affected and what the threshold criteria are
The amendments apply to all civil and commercial proceedings before Spanish courts. There is no minimum claim value threshold. The following categories of international business are most directly affected.
Companies with Spanish corporate vehicles. Any SA or SL involved in litigation – whether as claimant or defendant – must comply with the new digital filing requirements. This includes subsidiaries of foreign multinationals and joint ventures registered in the Registro Mercantil (Spanish Commercial Register).
Foreign companies enforcing contracts in Spain. International businesses seeking to enforce commercial contracts through Spanish courts. including supply agreements. Service contracts. Additionally, distribution arrangements. must structure their claims in full compliance with the new pleading standards from the outset. Evidence assembled piecemeal after filing is no longer viable.
Creditors in enforcement proceedings. Any creditor holding a Spanish judgment or seeking to enforce a foreign judgment in Spain must comply with the new enforcement application requirements, including the notarised statement of outstanding amounts.
Parties seeking interim relief. Businesses that rely on interim injunctions to protect assets, prevent disclosure of confidential information, or halt competing conduct must prepare consolidated applications meeting both conditions simultaneously. Inadequate preparation at the interim stage can compromise the entire claim.
Compliance deadline. The mandatory electronic filing requirement became fully effective on 31 March 2025. All other procedural amendments apply to proceedings initiated on or after 1 January 2025. There is no grandfathering for ongoing proceedings that reached a new procedural stage after the effective dates.
To receive an expert assessment of your litigation exposure under the 2025 amendments in Spain, contact us at info@ferrazwhitmore.com.
Immediate actions for international companies
The following steps should be completed without delay by any business with active or anticipated litigation in Spain.
1. Audit active Spanish proceedings. Review every pending matter before Spanish courts. Confirm that all filings have been transitioned to the electronic system and that no paper submissions remain outstanding. Identify any upcoming deadlines that fall under the revised timeframes.
2. Rebuild your evidence file before filing any new claim. Gather all documentary evidence – contracts, invoices, correspondence, corporate records – before initiating proceedings. Under the new pleading standards, evidence not filed with the statement of claim risks exclusion. Evidence that requires authentication by a Notario or certification from the Registro Mercantil should be obtained in advance.
3. Reassess any pending interim injunction strategy. If your business was planning to seek interim relief through the former sequential process, that approach is no longer available. A consolidated application must be prepared with both conditions fully substantiated from day one. Review your evidentiary position before filing.
4. Update enforcement procedures. If you hold a Spanish judgment or are considering enforcement of a foreign judgment in Spain, review the new documentation requirements. A notarised statement of outstanding amounts is now mandatory. Prepare this document through a qualified Notario before filing.
5. Brief your Spanish counsel and internal teams. Internal legal departments should be updated on the procedural changes. For businesses with Spanish operations managed from abroad, coordination between local Spanish counsel and central in-house teams is critical. Procedural compliance decisions cannot be delegated to non-legal staff.
International companies with litigation across multiple European jurisdictions should also review the related developments in neighbouring civil law systems. Our analysis of litigation and arbitration strategy in Spain covers the broader procedural options available alongside court proceedings.
For businesses managing parallel proceedings in Portugal and Spain, the procedural changes interact in ways that require coordinated advice. Our alert on court procedure developments in Portugal provides the relevant Portuguese context.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions on commercial litigation, dispute resolution, and cross-border enforcement. Our commercial disputes practice in Spain assists international companies – including SA and SL structures registered in the Registro Mercantil – in managing civil procedure requirements, interim injunction applications, and judgment enforcement proceedings. As a law firm in Spain with strong roots in both Portuguese civil law and English common law tradition, we help international clients translate procedural complexity into manageable action plans. Our attorneys have advised on enforcement and litigation matters before Spanish courts and in cross-border proceedings involving EU and common law jurisdictions. To discuss your litigation position in Spain under the 2025 procedural amendments, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.