When a foreign company leaves an invoice unpaid, the problem is not just financial.
For a medium-sized or large company with international activity, a cross-border default can affect cash flow, forecasts, business relationships and decision-making capacity.
In this area, making a claim is not simply a matter of sending a request or filing a lawsuit: it involves choosing the right country, the right legal avenue, and the right time. Within the European Union, this decision is based on a relatively predictable framework regarding jurisdiction, applicable law, notifications, and enforcement; outside the EU, the analysis requires a more detailed review of treaties, contractual clauses, and national rules.
Can I claim an unpaid invoice from a foreign company from Spain?
Yes, but not always in Spanish courts. If the debtor is domiciled in a Member State of the European UnionThe main reference is the Brussels I bis Regulation.
Its general logic is based on the premise that demand must be brought before the courts of defendant's addressbut in contractual matters it also allows recourse to the court of place of performance of the disputed obligation.
Furthermore, if the contract contains a valid express submission clauseThat choice of forum can be decisive. This means that a Spanish company can file a claim from Spain in some cases, but not simply because the invoice was issued there.
If the debtor is outside the EUAs a general rule, Spanish rules on international judicial jurisdiction take on special importance; however, the Brussels I bis Regulation may still be relevant in some cases, particularly when there is a valid clause of submission to the courts of a Member State or there is exclusive jurisdiction under Article 24.
The Organic Law of the Judiciary It provides, among other scenarios, for the jurisdiction of Spanish courts in matters of contractual obligations when the obligation that is the subject of the claim has been fulfilled or must be fulfilled in Spain.
It also recognizes competence to adopt provisional or protective measures with respect to persons or property located in Spanish territory, provided that such measures must be complied with in Spain; in addition, Spanish courts will also be competent to adopt them if they are competent to hear the main matter.
This does not mean that Spain will always be the best forum, but it does mean that there can be a solid basis for acting from here when the contract has a real connection with Spain.
What to check before claiming an international debt
In a cross-border claim, there are three questions that must be resolved before taking the first step.
La primera It's about which court should be activated. second Which law governs the contract? third It's about identifying the debtor's assets and how any eventual settlement could be enforced. Without that sequence, many claims are weak from the outset, even if the debt exists.
The applicable law does not always coincide with the country where the lawsuit is filed.
In most of the European Union, with the exception of Denmark, the Regulation Rome I It allows the parties to choose the law governing the contract. In Denmark, the Rome Convention regime remains applicable.
The purchase and sale agreements They are governed by the law of the country of habitual residence of the seller and those for the provision of services under the law of the country of habitual residence of the lenderunless circumstances arise that lead to a different result.
In contracts International experts In matters of supply, distribution, technical services, technology, maintenance, or complex projects, this point directly influences the available remedies, interests, interpretation of non-compliance, and evidentiary strategy.
Therefore, before claiming unpaid invoices from foreign companies, it is advisable to calmly review the framework agreement, the general conditions, the purchase orders, the jurisdiction clause, the applicable law clause and, if there is one, the arbitration clause.
El arbitration This is especially relevant because the Brussels I bis Regulation does not apply to this matter, so a valid arbitration clause can completely change the course of the dispute.
If the debtor company is in the EU
The main advantage The advantage of making claims within the Union is that the framework for the recognition and enforcement of judicial decisions is much more favorable than in many non-EU relationships.
The Regulations Brussels I bis It updates European regulations on jurisdiction, recognition, and enforcement in civil and commercial matters with the aim of facilitating and expediting the circulation of court judgments within the EU. For a creditor company, this reduces friction once a favorable ruling has been obtained.
If the debt is monetary, of a specific amount and overdueAnd if the claim falls under an undisputed cross-border monetary claim, one tool that should be considered is the European payment requirement, applicable between Member States except Denmark.
When the the amount is lessThe European Small Claims Procedure may also be useful. It is designed to simplify and expedite cross-border claims whose value does not exceed [amount missing]. 5.000 Eurosexcluding interest, expenses and costs, and functions as an alternative to national procedures; it applies between Member States except Denmark.
It is not the typical route in high-value disputes, but it may fit certain ancillary commercial claims or recurring debts of lesser amounts.
Furthermore, within the UE la notification of documents and certain security measures They have specific instruments:
- El Regulation (EU) 2020 / 1784 It seeks to improve the efficiency and speed of transmission, notification, and transfer of documents judicial and extrajudicial matters in civil and commercial litigation.
- El Regulation 655 / 2014 establishes the European order of account retention to simplify the cross-border collection of civil and commercial debts. In certain contexts, this allows for combining a well-constructed claim with real legal pressure on funds held in another Member State.
Outside the EU
When the debtor is outside the Union, the situation is no longer covered by a uniform system such as that of Brussels I bisThe question then becomes not only whether Spain can hear the case, but also whether the ruling obtained here will be recognized and enforced in the country where the debtor's assets are located.
In some cases, treaties will be useful; in others, implementation will depend largely on the internal regulations of the destination state.
However, there are instruments that may be relevant in certain cases:
- El Hague Convention of 2005 It applies to exclusive forum choice agreements in international civil and commercial matters, with exclusions such as arbitration.
- El Lugano Convention It remains an important reference for relations with certain EFTA States regarding jurisdiction, recognition and enforcement of judgments.
- Nor should the international notification.
The Hague Conference recalls that the 1965 Convention Regarding notification abroad, it establishes a main channel through a Central Authority and other alternative channels, with the aim of facilitating and speeding up the transmission of judicial and extrajudicial documents in civil or commercial matters.
International litigation lawyers in Spain
Disputes between international companies require strategic legal decisions. This firm handles a limited number of complex cases.
The invoice alone is not enough: proof of credit is much more important than it seems.
En international operationsWhat truly strengthens the creditor's position is being able to clearly reconstruct the credit chain: what was contracted, what was delivered or executed, how it was accepted, when the payment was due, and what documentation proves that the obligation was fulfilled by the claimant.
En contracts For supply, distribution, technical services, industrial projects or technology, that proof can rely on framework agreements, annexes, purchase orders, delivery notes, execution milestones, certificates of conformity, validation emails or evidence of use and receipt.
That documentary work isn't just useful for litigation. Above all, it's useful for negotiating from a position of strength. When the debtor receives Once the other party has resolved the competent forum, the applicable law, the evidence and the possible enforcement, the claim ceases to be a commercial pressure and becomes a legal risk.
What can be claimed
If the applicable law is Spanish and we are dealing with commercial transactions between companies, the 3 / 2004 The law on combating late payments allows for claims not only of the principal amount, but also late payment interest and a fixed sum of 40 Euros for collection costs, in addition to other duly documented costs that exceed that amount.
This is an important point because, in certain contexts, the financial claim is not limited to the nominal amount of the invoice.
Conclusion
Claiming unpaid invoices from foreign companies from Spain is perfectly possible, but it should not be approached as a simple debt collection process.
For a medium-sized or large company with international exposure, the decisive factor is not only proving the debt, but also choosing the appropriate forum, anticipating the applicable law, preparing the evidence well, and thinking about enforcement from the outset.
This approach reduces risk, protects cash flow, and prevents a collection problem from becoming a strategic problem for the company.
FAQ
Yes, in some cases. Within the EU it will depend on the Brussels I bis Regulation and, outside the EU, on the rules of international jurisdiction of the Spanish Organic Law of the Judiciary and the actual connection of the contract with Spain.
It will be necessary to refer to the legal rules of judicial jurisdiction. In the EU, the Brussels I bis Regulation establishes general and special rules on contractual matters; outside the EU, it will be necessary to review the Organic Law of the Judiciary and the applicable international conventions.
It's usually not the wisest course of action. The better documented the contract, the performance, the acceptance, and the due date, the stronger the claim and the greater the creditor's negotiating power.
Yes, where permitted by applicable law. If Spanish law governs a business transaction, Law 3/2004 provides for late payment interest and a fixed amount of 40 euros for collection costs, in addition to any other documented costs exceeding that amount.
It depends on the case, but in effective international claims, both are usually part of the same strategy. Negotiation works best when there is a truly viable and enforceable legal or arbitral avenue behind it.
RRYP Global, international litigation lawyers in Spain.
