Can I sue a Spanish company from abroad?

Many international companies encounter clients or business partners in Spain who fail to meet their obligations: non-payment of invoices, breach of contract, etc. When these conflicts arise, a real concern emerges: is international litigation viable in Spain? The idea of ​​litigating in a foreign country often generates uncertainty and concerns about costs and the […]

Can I sue a Spanish company from abroad?

Many international companies encounter clients or business partners in Spain who fail to meet their obligations: non-payment of invoices, breach of contract, etc.

As these conflicts arise, a real concern emerges: is international litigation viable in Spain?

The idea of ​​​​litigating in a foreign country often generates uncertainty and concerns about costs and legal complexity.

In this article we analyze, in a complete and professional manner, how to sue a Spanish company from abroad , addressing international judicial jurisdiction , the law applicable to the contract, the practical requirements for suing in Spain, the approximate costs of the process, and strategies both prior to suing and for future contractual prevention.

The aim is to guide foreign companies (for example, a German SaaS company or another international technology company) that need to resolve an international dispute in Spain.

We will see what European regulations say ( Brussels I bis Regulation on jurisdiction and Rome I and II Regulation on applicable law), what is needed to file a claim in Spanish courts, and how to prepare to succeed in your claim.

Finally, you will find strategic recommendations and a conclusion with a call to professional action so you can protect your interests with the help of an international lawyer.

What is international jurisdiction in Spain?

The first step is to determine which courts have jurisdiction to hear the case.

In the European Union, international judicial jurisdiction in civil and commercial matters is governed by Regulation (EU) No 1215/2012 (Brussels I bis).

This regulation, applicable in Spain, sets the rules for deciding which court should handle a cross-border dispute and facilitates the recognition and enforcement of judgments between Member States.


General rule – domicile of the defendant

As a general rule, the defendant company must be sued in the courts of its own domicile (Art. 4 of the Regulation).

In our case, if the Spanish company is the defendant, the Spanish courts will normally have jurisdiction to hear the dispute.

This means that, in principle, a Spanish company can be sued from abroad , but the usual practice is to file the lawsuit in Spain , before a Spanish court, since the company is domiciled there.


Exceptions – special jurisdictions

The Brussels I bis Regulation provides for numerous exceptions that allow for claims to be filed in other States depending on the subject matter.

For example, in cases of service contracts or sales of goods , there is a special jurisdiction: you can sue in the court of the place where the services should have been provided or the goods delivered.

This means that if, for example, your foreign company provided a service from your country to a customer in Spain, you could sue in the courts of your own country (place of service provision) according to this special rule.

In sales contracts, you could claim where the goods were delivered (or were to be delivered), which could sometimes be outside of Spain.


Jurisdiction agreements (express submission)

Another important possibility is that the contract with the Spanish company includes an express submission clause or choice of forum clause.

The Brussels Ia Regulation recognizes the validity of these jurisdiction agreements, even if one of the parties is not from the EU.

For example, the parties may agree that any dispute will be resolved in the courts of another country (e.g., German, English, etc.).

If such a valid agreement exists, then the lawsuit must be filed in the court chosen in the contract, rather than in Spain. Always check your contract to see if it contains an exclusive jurisdiction clause.

https://rrypglobal.com/evitar-una-clausula-de-sumision-expresa-a-tribunales-extranjeros-en-un-contrato-internacional/

Cases outside the EU

If the foreign company filing the claim is not located in the EU (for example, a company from the US or Latin America), the Brussels Ia Regulation may not apply in its entirety.

However, Spain has private international law rules (Organic Law of the Judiciary, art. 22 ter, etc.) that also tend to attribute jurisdiction to Spanish courts when the defendant is domiciled in Spain or when the disputed obligation should be fulfilled in Spain.

Furthermore, Spain is a party to international agreements.

In short, even if you are a non-EU company, you can sue the Spanish company in Spain for breach of contract , although the process will be governed by Spanish rules of international judicial jurisdiction.

https://rrypglobal.com/que-hacer-si-tu-socio-extranjero-incumple-el-contrato/

Conclusion on jurisdiction

In the vast majority of commercial situations, it is possible to sue a Spanish company from abroad , but this will normally involve filing the lawsuit in a Spanish court (unless otherwise agreed or a special jurisdiction applies).

This has a practical advantage: if the judgment is obtained in Spain, it can then be more easily enforced against the assets of the Spanish company in its own country.

However, do not rule out the option of suing in your own country if any law allows it; then you could enforce the foreign judgment in Spain thanks to the Brussels I bis Regulation, which simplifies the enforcement of judicial decisions within the EU ( exequatur is not required between EU countries).


Law applicable to an international contract in Spain

Determining which substantive law will govern the conflict is just as important as jurisdiction.

Filing a lawsuit in Spain does not automatically mean that Spanish law will apply to the substance of the matter; it will be necessary to analyze the applicable legal regulations , mainly Regulation (EC) No 593/2008 (Rome I) for contractual matters, and Regulation (EC) No 864/2007 (Rome II) for non-contractual matters.

These EU rules establish which national law applies to a contract or a claim for damages in international contexts.


Contractual disputes: Rome I Regulation

The Rome I Regulation governs the law applicable to international contracts within the EU.

The basic premise is freedom of choice of law.

The parties may agree in the contract on the law that will govern their obligations (for example, they may agree that the applicable law will be Spanish law, the law of the foreign supplier's country, or even the law of a neutral third country).

If there is an applicable law clause in your contract, the courts will normally respect and apply that chosen law.

If there is no express choice of law , the Rome I Regulation provides rules for determining the applicable law according to the type of contract.

Generally speaking, the contract will be governed by the law of the country with the closest connection or the characteristic performance of the contract. For example:

  • In a Contract of service (such as a SaaS service or software development), the characteristic service is usually considered to be performed by the provider, so the law of the country where the service provider has its habitual residence or headquarters.
  • Thus, if a German company provides services to a Spanish client without having agreed to the applicable law, German law could govern the contract (since it is the law of the service provider).
  • In a contract of sale of goods, the characteristic performance is to deliver the thing, at the seller's expense; therefore, the law of the seller's country of residence (unless the goods are delivered to another country and it is specified, etc.).

These rules may have nuances and exceptions, but they illustrate that Spanish law will not always apply even if the lawsuit is processed in Spain.

In fact, it is possible to sue in a Spanish court and have it apply foreign law to the case (for example, a Spanish judge ruling according to German or French law).

In practice, this means that it may be necessary to translate and demonstrate the content of the foreign law before the Spanish judge, often through experts or comparative legal reports.


Rome I and protection of weak parties

It is worth mentioning that the Rome I Regulation has special provisions for certain contracts with "weaker" parties (consumers, employees, insured parties), where even if the parties choose the law, the weak party cannot be deprived of the minimum protection of certain laws.

However, in B2B (business-to-business) litigation this is not usually a problem, as both parties are presumed to have equal bargaining power.


Extracontractual disputes: Rome II Regulation

If the claim is not for breach of contract but for an extra-contractual matter (e.g. a civil liability action for damages, unfair competition, etc.), the Rome II Regulation would come into play to determine the applicable law.

Rome II establishes, as a general rule, that the law applicable to an extra-contractual obligation is the law of the country where the damage occurs (or where the event causing it takes place), unless the parties agree on another applicable law after the event or there is some specific exception.

For example, if a foreign company suffers economic damage caused in Spain by the actions of a Spanish company, the applicable law could be Spanish law since that is the place where the damage occurred.

In the context of the most common commercial disputes (non-payment, breach of contract) , we will normally be dealing with a breach of contract (law governed by Rome I).

Rome II would only apply if, in parallel to the contract, some extra-contractual damage is claimed (for example, compensation for acts of unfair competition or for pre-contractual liability, etc.).

In most lawsuits between a foreign company and a Spanish company for non-payment, the main dispute will be contractual.


Importance of the applicable law

Determining the applicable law is crucial because it defines the rules of the game: for example, what remedies the plaintiff has, what compensation is due, whether there are limits to liability, etc.

Furthermore, the statute of limitations (time limit for filing a claim) may depend on the applicable law: it is not the same if Spanish law applies (which currently has a 5-year time limit for personal actions) as if the law of another country with different time limits applies.

Therefore, before filing a lawsuit, your international lawyer should analyze which law governs the contract and ensure that the lawsuit is filed on time and argued in accordance with that law.


Practical requirements for filing a claim in Spain

Once you have decided to sue the Spanish company in Spain , it is important to know the practical and procedural requirements.

Spanish legal proceedings have some particularities that foreign companies must take into account in order to properly prepare their international litigation in Spain .


Need for a lawyer and attorney in Spain

In the Spanish system, for most civil proceedings, the plaintiff company must be represented by a lawyer and a solicitor.

The lawyer will be the licensed attorney who will assume the legal defense of your company in court.

The procurator is a procedural representative, mandatory in many cases, in charge of the formal processing of the lawsuit (filing documents, receiving notifications from the court, etc.).

Are they always mandatory?

In general, both a lawyer and a court agent are required to file a civil lawsuit in Spain, except in exceptional cases. However, in a typical commercial dispute between companies, the amounts in dispute usually exceed €2.000, and therefore you will need to hire both professionals.


Choosing a lawyer in Spain

If you are abroad, you must appoint a lawyer registered in Spain (and a solicitor from the courts of the competent locality).

Many international law firms have international litigation departments in Spain , with bilingual lawyers, which facilitates communication.

In fact, it is advisable to seek an international lawyer , like those we find at RRYP Global, with experience in these litigations, who speaks your language or at least English, to advise you.

 

The lawyer in turn usually proposes a trusted attorney.


power of attorney

In order for its representatives to act, the foreign company must grant a power of attorney in court or notarized.

This is usually done in two ways: (1) apud acta : appearing electronically before the Court Clerk (now Legal Officer of the Administration of Justice) once the lawsuit has been filed, which can be complicated if you are abroad; or (2) notarial power of attorney : going to a notary in your country to authorize a power of attorney in favor of the lawyer and solicitor (legalized with the Hague Apostille if applicable).

Your attorney will advise you on the best course of action. This process is essential so that the attorney can formally file the claim on your behalf.


Documentation and translations

When preparing the claim, you will need to gather all relevant contractual and commercial documentation : contracts, orders, delivery notes, unpaid invoices, emails, etc.

It is important that all documents in a foreign language be translated into Spanish.

Spanish courts require that documentary evidence be in Spanish (or the co-official language of the court's region, if applicable).

Therefore, you will probably need to invest in certified translations of contracts or communications if they are, for example, in English or German.

This ensures that the judge and the other party fully understand the evidence.

Likewise, if the law applicable to the contract were foreign (for example, German law as mentioned before), it might be necessary to provide expert reports on the foreign law so that the Spanish judge can correctly apply those rules.

This legal expertise is common in complex international litigation , such as that which we handle at RRYP Global.

Don't forget to also attach documents proving the existence of the foreign company (for example, a certificate from your country's commercial registry to prove your company exists and who can represent it).

This type of accreditation may require an apostille and translation.


Procedural deadlines and limitation period

Regarding procedural deadlines , once the lawsuit has been filed in Spain, notification to the defendant company may take a little longer when it comes to notifying abroad, but in our case the defendant is in Spain, so the notification is usually quick (the solicitor takes care of it).

The Spanish defendant company will normally have 20 business days to respond to the claim from the date it is notified.

The process will then follow its course: preliminary hearings, oral trial if necessary, and finally sentencing.

But a critical point is the statute of limitations for their action.

The applicable substantive law (whether Spanish or otherwise) determines how much time you have from the breach to file a legal claim.

If Spanish law applies, after the 2015 reform, the general statute of limitations for claiming breach of contract is 5 years (it used to be 15 years, but it was reduced to 5 years).

This period normally starts from the moment the obligation could have been enforced (e.g. from the moment the unpaid invoice became due or the breach occurred).

Note : If your contract is governed by the law of your country, the term may be different (for example, 3 years, 4 years, etc., depending on the jurisdiction).

It is crucial not to let too much time pass ; if the statute of limitations expires, you will lose the right to claim.

In addition to the statute of limitations, consider any contractual deadlines : international contracts sometimes include clauses requiring notification of claims within a certain timeframe or contractual limitations on liability. Review your contract and act promptly.

Finally, in cross-border cases, if you opt for certain simplified European routes (such as the European Order for Payment Procedure to claim undisputed debts in the EU), the response times of the defendant and other procedural details may vary slightly.

Consult with an RRYP Global lawyer about the option of these simplified European procedures when dealing with an undisputed default.

 

Approximate costs of litigation in Spain

A common question from any foreign company before initiating international litigation is: How much does it cost to litigate in Spain?

While costs depend on the complexity of the case and the fees of the professionals you hire, we can break down the main costs of international litigation in Spain :


How much does a lawyer cost in Spain?

Lawyer fees vary depending on the lawyer's reputation and experience, the complexity of the case, and the amount claimed.

Many lawyers in Spain calculate their fees based on the amount of the lawsuit (percentages according to professional association scales) or offer fixed estimates.

For example, for a medium-value dispute (say €50.000), fees could range from several thousand euros (for example, between €5.000 and €15.000, depending on the firm and the stages involved in the procedure).

It is best to request a detailed quote.


Attorney fees

The solicitor's fees are regulated according to the amount in dispute, although in practice it usually amounts to 10% to 25% of the lawyer's cost.

Therefore, in the previous example, it could cost between €500 and €3.000. The attorney generally bills at the end of the procedure based on the actions performed.


Translation and expert fees

As mentioned, if there are documents to be translated, you will need to add the cost of certified translations.

This depends on the length of the documents; for example, translating a 10-page contract from English to Spanish can cost several hundred euros.

If an expert is required (for example, a computer expert, an auditor, or a legal expert on foreign law), their fees will have to be paid, and these also vary according to the specialty.

These expert fees can range from a few thousand euros onwards, depending on the work involved. They will only be necessary if the case requires it.


Possible trips or displacements

In many legal disputes, the foreign company does not need to travel to Spain , as its lawyer can represent it and documentary evidence is usually sufficient.

However, if testimony from your employees is required, they may be required to appear (although video conferencing is sometimes acceptable).

Therefore, consider a margin for travel expenses if you need to attend a trial in Spain.


Order to pay costs

An important factor to consider is the award of costs.

In the Spanish system, the general rule is that the party that completely loses the case pays the costs of the winner.

This means that, if you win the claim in full , the court will normally order the Spanish defendant company to pay (in addition to the principal debt) an amount for legal costs.

Costs include your attorney and solicitor fees (within certain limits).

For example, if you sued for €30.000, the maximum costs award would be around €10.000. In many cases, this can cover a large portion of your legal expenses.

Note : If you only win partially (for example, you are awarded half of what you claimed), there may be no award of costs and each party will have to bear their own costs.

Conversely, if you lose the lawsuit, you would have to pay the other party's costs (in addition to your own expenses). That's why it's essential to carefully assess the chances of success before litigating.


Cost summary

Overall, litigating in Spain will involve investing in a lawyer, solicitor, fees, and other expenses.

For a foreign company, it is advisable to request an estimated budget before starting, including possible cost scenarios.

This way you can assess whether the claim is “worth it.”

In cases of clear non-payment , it is usually worthwhile because if you win, the other party will assume a good part of the costs.

However, in highly contested or low-value cases, out-of-court settlements are sometimes chosen to save costs.


Practical example: German SaaS versus Spanish company

Let's look at a practical example to illustrate how all of the above applies. Imagine a real-life situation:

Situation of a foreign company that needs to sue in Spain

A German software company (provider of a SaaS service) has a client in Spain, the company X SL.

They have signed a contract granting the Spanish company access to the German company's software platform in exchange for monthly payments.

After several months, the Spanish company stopped paying its fees (non-payment) and also breached the software usage clauses.

The German company wishes to sue the Spanish company to claim outstanding payments and even damages for breach of contract.


1. Review of the foreign company's contract

The German company, with the help of its lawyers, reviews the signed contract. Let's assume there was no jurisdiction or applicable law clause (a common oversight).

This means that there is no express submission to specific courts or choice of law, so the general rules will apply.

It is also verified that the contract does not provide for arbitration (in which case it would be necessary to go to arbitration instead of state courts).

In the absence of any such provision, the German company can choose to sue in Spanish courts (the defendant's domicile) or possibly in German courts (the place where the service is provided, since the SaaS servers and headquarters are located in Germany).


2. Choice of forum and jurisdiction

Since the Spanish company has all its assets in Spain, the German company decides that the most efficient thing to do is to sue directly in Spain .

Thus, he would obtain an easily enforceable Spanish judgment against the bank accounts or properties of X SL in Spain.

Under the Brussels Ia Regulation, Spanish courts will accept jurisdiction because the defendant is domiciled in Spain.

The lawsuit will likely be assigned to a Commercial Court or a Court of First Instance in the province where X SL is domiciled.


3. Applicable law

What law will the Spanish judge apply?

Here comes Rome I.

In the absence of an express choice of law, and given that it is an international provision of services, the normal course of action would be to apply German law (since it is the law of the country of the service provider, which has the characteristic provision).

This means that the German company's lawyer will have to argue under German contract law to prove X SL's breach of contract and the amount owed.

They will likely present an expert report from a German jurist explaining the validity of the claim under German law.

With this guidance, the Spanish judge will be able to issue a ruling applying this law (the principle of harmonization of conflict of laws rules in the EU).

Alternatively, it could be argued that, since the service was provided in Spain, the relationship has "closer ties" with Spain and that Spanish law applies; but in this example, let's assume German law applies, which demonstrates the added complexity.


4. Preparation and filing of the claim

The German company hires an international lawyer in Spain, who in turn appoints a solicitor in the competent court.

A power of attorney with an apostille is granted for the lawsuit.

The lawyer drafts the lawsuit in Spanish , attaching the contract (translated into Spanish), unpaid invoices, emails demanding payment, and perhaps the expert report on German law.

Since the debt is liquid and due, the lawyer is even considering using the Spanish summary procedure : he files a simple initial request claiming, say, €20.000 of unpaid installments.

The court accepts the payment order and notifies X SL. If X SL does not object within 20 days , a firm payment order will be issued and the assets can be seized directly.

But suppose X SL objects , alleging, for example, that the service was defective (allegation of reciprocal breach).

The summary proceedings then become ordinary trials . The German company's attorney files the full lawsuit with legal grounds.


5. Development of the litigation

The court schedules a preliminary hearing; at this hearing, jurisdictional issues and evidence will be discussed. X SL may argue that the Spanish court lacks jurisdiction because the contract was performed in Germany, but this objection will almost certainly be rejected given that the Brussels I bis Regulation allows jurisdiction in Spain based on the defendant's domicile, and there was no exclusivity to Germany.

They could also argue about the applicable law, but both laws (Spanish or German) surely lead to the same result: paying what is owed.

Evidence is admissible: documents, perhaps testimony from a German company executive (via videoconference).


6. Sentence and execution

Finally, the Spanish court ruled in favor of the German company.

It declares that X SL breached the contract and orders it to pay, for example, €20.000 plus default interest (which, applying German law, could be the same as there or perhaps Spanish legal interest applies from the claim).

It also orders X SL to pay costs for having lost completely, which means that X SL must also pay approximately €6.000 in costs (approximately, according to the rules, let's assume 30% of the amount) qagirona.com.

With this ruling, the German company's lawyer begins the enforcement phase in Spain: through the court, they seize X SL's bank accounts in Spain and manage to collect the principal debt, interest and costs.


Result

The foreign company managed to assert its rights and collect the outstanding payment, confirming that it is indeed possible to successfully sue a Spanish company from abroad .

In the process, he had to navigate international competition (he chose Spain as a strategy), applicable law (providing proof of German law), and comply with Spanish procedural requirements (lawyer, solicitor, translations).

This practical example shows the importance of having expert advice on international litigation in Spain.


Legal strategies in Spain: steps to take before filing a lawsuit and how to protect yourself in the future

Before embarking on litigation, and in order to prevent future conflicts, it is essential to develop a legal strategy.

Next, we address what to do before suing the Spanish company and how to protect yourself contractually to avoid or facilitate future international litigation.

Preliminary steps before filing a claim

  1. Attempts at a friendly solution: Before going to court, exhaust all amicable avenues. Send formal demands for payment (e.g., a burofax in Spain, which has probative value) urging the Spanish debtor to comply.
  2. Sometimes, simply involving a lawyer and threatening legal action can motivate a settlement. Also consider the mediation or out-of-court negotiation, especially if you want to maintain the business relationship.
  3. Review the contract and legal situation: Analyze the contract in detail: Was there an arbitration or jurisdiction clause? Were there any preconditions (such as a mandatory negotiation period)? Were there penalties for breach of contract?
  4. Also, check the solvency of the Spanish debtor: Does he have assets to respond? Initiating a lawsuit against an insolvent company would be futile. If the Spanish company is facing financial difficulties, it may be worth negotiating a debt relief or payment plan instead of litigating.
  5. Choosing the jurisdiction and procedural strategy: Get advice on where to file a claim.
  6. If your contract allows it, compare the advantages of suing in your country (and then enforcing the judgment in Spain) versus suing directly in Spain. Factors such as cost, language, speed, and ease of enforcement all play a role. In the EU, enforcement of a judgment from another Member State is straightforward thanks to Brussels I bis, but outside the EU, an exequatur will be required. Also consider whether a European Small Claims Procedure or European order for payment can simplify things (these procedures are useful for claims up to €5.000 or undisputed debts in the EU).
  7. Secure proof and evidence: Collect and preserve all emails, contracts, invoices, chats, etc. that demonstrate the Spanish company's noncompliance. If there are key witnesses (employees, etc.), take statements. Sending a certified letter claiming the debt provides reliable evidence of the claim and its date, which can shorten statutes of limitations or serve as proof of default. Translate important documents in advance. A well-documented file strengthens your claim.
  8. Calculate costs and benefits: As part of your pre-strategy, make a consultation with your lawyer. cost-benefit analysisHow much could you recover vs. how much would it cost to litigate? If the debt is large, it usually justifies the costs. If it's small, perhaps not. What happens if you win? (possible recovery of costs)? And if you lose? (loss of expenses and payment of costs to the rival). Be clear about the potential risks. Sometimes it's better to sue only for the strongest part of the claim to ensure victory and costs, rather than pursuing more dubious claims that could result in a partial loss.

Taking these preliminary steps will allow you to make an informed decision about whether or not to sue, and prepare your case to maximize your chances of success.


Future Contract Protection: Avoiding Problems in International Contracts

Having faced a conflict, it is time to learn from the experience and strengthen your international contracts for the future.

Some recommendations to protect yourself contractually when contracting with Spanish companies (or companies from any foreign country):


Clear jurisdiction and applicable law clauses

Always include in your international contracts a clause specifying which courts will have jurisdiction in case of a dispute, and which applicable law will govern the contract.

This provides certainty.

For example, if you prefer to litigate in your country, agree that the courts of your country (and not the Spanish ones) will hear any dispute.

Or perhaps you prefer Spanish courts for easier enforcement; in that case, expressly agree to this. Also, define the applicable law (e.g., "this contract shall be governed by the law of [your country]").

These clauses help you avoid future disputes. Remember that in the EU, jurisdiction agreements are valid even if one party is from outside the EU, so use them to your advantage.


Consider international arbitration

For certain transactions, it may be advantageous to agree to international arbitration instead of state courts.

Arbitration offers neutrality (a “neutral ground” outside both countries), language flexibility, and is usually faster.

Furthermore, arbitral awards are internationally enforceable in many countries (New York Convention 1958) with almost no formalities.

If you fear having to pursue assets outside the EU or in difficult jurisdictions, arbitration can facilitate global recognition. However, it also comes with high costs; evaluate each case individually.


Payment guarantees and insurance

To avoid litigation over non-payment, strengthen your contracts with guarantees.

For example, request a bank guarantee payable on first demand for large amounts; or credit insurance that covers international defaults.

Another option is to structure advance or milestone payments so that a large amount never remains uncollected. The more guarantees you have, the less you'll need to go to court.


Termination clauses and penalties

Include clear clauses about what happens if one party defaults. For example, penalties for late payment, or the right to suspend service if they don't pay within X days.

This gives you the tools to enforce compliance without litigation (e.g., cutting off the SaaS service for nonpayment is an immediate measure). Always respect the law (make sure the penalties aren't disproportionate under applicable law).


Languages ​​and communication

If you sign with Spanish companies, make sure the contract is bilingual (Spanish and English, for example).

In the event of a dispute in Spain, having the text in Spanish avoids interpretive disputes. Furthermore, both parties have the same understanding of the content.

Also stipulate valid notification addresses, official means of communication (email, etc.), so as not to lose contact if a problem arises.



Preventive legal advice

Finally, involve your international legal advisor such as RRYP Global from the contract negotiation phase.

A law firm with experience in private international law like RRYP Global can draft balanced contracts, taking into account the worst-case scenarios.

It is a small investment compared to the cost of poorly prepared litigation.

Prevention is the best strategy: a well-drafted contract can prevent litigation or at least put you in a better position if it occurs.

By following these guidelines in your future business dealings in Spain, you'll minimize risks and, in the event of a conflict, you'll have the upper hand or be able to resolve it more effectively.


Conclusion: yes, you can litigate in Spain from abroad (with good planning)

Conclusion: Can I sue a Spanish company from abroad?

The answer is yes.

Both the Spanish and European legal frameworks provide clear tools for a foreign company to sue a Spanish company for breach of contract or commercial agreements.

Through the Brussels I bis Regulation, it is possible to establish the competence of the Spanish courts (or others, as the case may be) to hear the international dispute, and with the Rome I and II Regulations the applicable law that will govern the substance of the matter is determined, providing legal certainty even in cross-border environments.

In practice, international litigation in Spain is viable as long as the formal requirements are met (lawyer, solicitor, translations) and adequate advice is obtained.

Litigation costs in Spain exist , but they can be largely recoverable if you have a strong case and win the lawsuit.

Furthermore, experience shows that with a sound prior strategy (negotiation, feasibility analysis) and well-designed contracts, it is possible to resolve disputes effectively and protect your company's interests.

In short, if your international company suffers non-payment or breach of contract by a Spanish company, you are not without recourse : you can turn to the Spanish courts to assert your rights and claim what is due to you.

However, we recommend that you seek specialized professional advice.

Each case has its own particularities regarding jurisdiction and applicable law, so an expert lawyer in international litigation in Spain can guide you through the process, maximize your chances of success and minimize risks.

Don't face international litigation alone.

Contact us to schedule a professional and confidential consultation about your case.

Our team of international lawyers in Spain , fluent in several languages ​​and with extensive experience, is prepared to advise you on claims by foreign companies against Spanish companies and on all types of international litigation in Spain.

Together, we'll evaluate the best strategy for your situation and will accompany you every step of the way, from pre-trial negotiation to enforcement.

Protect your business and claim your rights with the help of specialized professionals!

We are here to make justice across borders a reality within your reach.

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Mar Gámez, Managing Partner and Legal Director of RRYP Global
Legal Department

Mar Gamez

Managing Partner · Legal Department · RRYP Global

Practicing lawyer ICAM No. 137.007
Loyola University Private International Law and Comparative Law
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