Enforcement of sentences in other States

What does enforcement of a foreign judgment involve?

Enforcing a foreign judgment means giving it legal effect in a country other than where it was issued, to recover debts, fulfil obligations, or register rights. This requires initiating proceedings before the courts where enforcement is sought, so they can verify whether the judgment meets legal criteria for recognition.

The applicable procedure depends on whether the issuing State is within the European Union, bound by international treaties, or governed solely by domestic Spanish rules.

Legal framework: EU, treaties and national law

Within the EU, civil or commercial judgments from one Member State are enforced in another without an exequatur, under Regulation (EU) 1215/2012 (Brussels I bis). You only need a certified copy of the judgment and the EU certificate that confirms its enforceability .

Outside the EU framework, enforcement depends on bilateral or multilateral treaties—such as the Hague Judgments Convention or specific agreements Spain maintains with third countries. In their absence, enforcement is conducted pursuant to the Spanish Law 29/2015 on International Civil Cooperation .

Key recognition requirements include the foreign decision’s final, enforceable status, respect for due process, jurisdictional competence of the issuing court, and absence of public order conflict in Spain.

Enforcement procedure in practice

Proceedings begin by filing a petition with the competent court, either a civil or commercial court, accompanied by the original foreign judgment (apostilled/certified), official translation, and, if applicable, the Brussels I bis certificate. Under Spanish law, the court does not re‑examine the merits but verifies formal legal requirements .

If approved, the judgment becomes enforceable in Spain, allowing for typical enforcement measures, garnishments, asset seizures, etc. Defendants may challenge recognition, for instance by alleging a violation of Spanish public order or conflicting judgments .

Timing is crucial: for EU judgments, enforcement is subject to Spanish limitation periods, generally five years from the foreign judgment’s finality,  Outside the EU, deadlines and procedure depend on treaty terms or domestic law.

Strategic approach from Fukuro Legal

Enforcing a foreign judgment is far from automatic, each jurisdiction has its own procedural nuances and documentary demands. Fukuro Legal conducts a thorough viability assessment, verifies applicable legal frameworks, and prepares all documents to the highest standards.

We represent individuals and companies enforcing foreign judgments in Spain or across Europe. Our international litigation and private international law expertise allow us to act swiftly, rigorously, and strategically.

Ready to enforce a foreign judgment?

If you have a foreign court decision and wish to enforce it in Spain or Europe, contact us. We will analyze your case in detail, explain applicable procedures and deadlines, and guide you through recognition and enforcement to ensure the judgment has real—and enforceable—effect.

Trust Fukuro Legal to turn a foreign ruling into practical results. Schedule a consultation and proceed with confidence.

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