Recognition and Enforcement of Foreign Judgments in Spain (Exequatur): 2026 Guide

Exequatur: Concept and Legal Framework

Exequatur (from Latin: "let it be executed") is the procedure by which a foreign judgment obtains in Spain the force of a national judgment and may be enforced by Spanish courts. Without exequatur, a foreign judgment does not constitute an enforceable title in Spain.

The current legal framework is Ley 29/2015, of 30 July, on international legal cooperation in civil matters (LCJI) (Spain's International Legal Cooperation Act), which repealed arts. 951–958 of the 1881 LEC (Civil Procedure Act) and modernised the Spanish system.

Jurisdiction

• Competent court: the Tribunal de Instancia (Court of First Instance) of the domicile or habitual residence of the party against whom recognition is sought (art. 52 LCJI)
• If the defendant has no domicile in Spain: the court of the place where the judgment is to take effect or where the judgment debtor holds assets

Applicable Regimes

1. European Regime: Brussels I bis Regulation, Rome I, etc.

For judgments from European Union member states, EU Regulation 1215/2012 (Brussels I bis) eliminates the exequatur requirement for most civil and commercial matters: the judgment is recognised and enforced directly by means of the Article 53 certificate issued by the court of origin.

• Recognition may only be refused on the grounds set out in Article 45 of Brussels I bis (public policy, failure to give notice, irreconcilable judgments, exclusive jurisdiction)
• Excluded matters: civil status, family law, succession, arbitration

For EU family and succession matters: Brussels II ter Regulation (2201/2003 as amended) and the Succession Regulation (650/2012).

2. Conventional Regime

Where a bilateral or multilateral treaty exists between Spain and the country of origin, that treaty governs the proceedings (e.g., the 1997 Spanish-Moroccan Convention, the Hague Convention on Recognition and Enforcement, the New York Convention on arbitral awards).

3. Autonomous Regime (Ley 29/2015)

For judgments from countries that have no treaty with Spain (the United States, the UK post-Brexit, Latin American countries without a treaty, etc.), the LCJI applies.

Exequatur Procedure (Arts. 41–61 LCJI)

Documentation (Art. 56 LCJI)

The applicant must provide:

1. An authentic copy of the foreign judgment
2. A document evidencing finality (certificate from the foreign court or apostille where sufficient under the law of that country)
3. An official translation into Spanish (or the co-official language of the relevant CCAA; Autonomous Community) of the above documents
4. The Hague Apostille (if the country is a party to the 1961 Hague Convention), or consular legalisation if it is not

Proceedings

1. The applicant files the exequatur petition before the Tribunal de Instancia
2. The petition is served on the opposing party for submissions (time limit: 30 days, art. 55 LCJI)
3. The judge rules by means of an auto (order, not a judgment) within a period of 6 months
4. If exequatur is granted: the decisión becomes enforceable as a Spanish judgment

Grounds for Refusal (Art. 46 LCJI)

Recognition is refused where:

1. The judgment is contrary to Spanish public policy (art. 46.1.a), interpreted restrictively by case law (only serious violations of fundamental rights qualify)
2. The defendant was not duly served with process (denial of the right to a fair hearing)
3. The foreign judgment is irreconcilable with a prior Spanish judgment or with a prior foreign judgment already recognised in Spain
4. The jurisdiction of the foreign court was based on an exorbitant jurisdictional rule incompatible with Spanish law or applicable treaties
5. The subject matter of the proceedings has already been definitively resolved in Spain (lis pendens and res judicata)

Exequatur of Divorce Judgments

Foreign divorce judgments may be recognised in Spain without exequatur where the marriage was Spanish and the divorce was obtained within the EU (Brussels II ter). For divorces obtained outside the EU, the LCJI procedure is required.

Importantly, a unilateral Islamic divorce (talaq) obtained solely by the husband is not recognised in Spain as it is contrary to constitutional public policy (gender equality): STSJ (Superior Court of Justice) Madrid 17/2020.

Exequatur of Arbitral Awards

The exequatur of foreign arbitral awards is governed by the 1958 New York Convention (art. 46 of Ley 60/2003, the Spanish Arbitration Act). Jurisdiction lies with the Civil Chamber of the Tribunal Supremo (Supreme Court), not the Courts of First Instance. The grounds for refusal are those set out in Article V of the New York Convention (more restrictive than the general regime).

Conclusion

Exequatur is essential whenever a Spanish or foreign client holds a foreign judgment to be enforced in Spain. The lawyer must verify whether an applicable treaty exists (which may simplify or eliminate the procedure) and gather the required documents with apostille and sworn translation. Timelines are lengthy in practice (6–12 months) and must be planned for accordingly.

Lexiel enables you to search case law on exequatur, public policy and international legal cooperation, and to draft submissions with verified citations.