How to calculate legal interest in Spain 2026: Art. 1108 CC, procedural default and LATE

# How to Calculate Legal Interest in Spain 2026

When a debtor fails to pay on time, Spanish law allows claiming interest as compensation for the delay. There are three distinct regimes, and applying the wrong rate can cost you in negotiations or in court.

This guide explains the three types, how they are calculated, and when each applies.

The three interest types every lawyer must know

1. Legal interest rate (Art. 1108 CC)

The legal interest rate is the default rate for all civil obligations where no interest rate was agreed. It is set annually by the General State Budget Law.

Current rates:

• 2025: 3.25% per annum
• 2024: 3.25% per annum
• 2023: 3.25% per annum
• 2022: 3.00% per annum

When it applies: debts between private individuals, loans without agreed interest, contractual breaches in civil contracts.

2. Procedural default interest (Art. 576 LEC)

Procedural default interest applies once a final judgment is handed down. The judgment debtor must pay interest at the legal rate plus two percentage points until the judgment is satisfied.

Current rates:

• 2025: 5.25% per annum (3.25% + 2pp)

When it applies: from the date of the final judgment until full payment. No express request is needed in the claim; the court imposes it ex officio.

3. Commercial late payment interest: Law 3/2004 LATE

Spain's Law 3/2004 (implementing EU Directive 2011/7) establishes a special regime for B2B and company-to-public-body transactions.

The rate is the ECB reference rate plus 8 percentage points, updated on 1 January and 1 July each year.

Recent rates:

When it applies: commercial transactions between companies or between companies and public administrations. Does NOT apply to consumers.

Quick comparison

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