Proceedings

Order of payment procedure

The main feature of the order of payment procedure is that depending on the debtor’s actions, once the lawsuit is served, the order for payment procedure could be brought to an end and the matter transferred to the ordinary civil court proceedings which do not have the same privileges for the creditors, nor the same costs of litigation.

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European order for payment procedure

Regulation 1896/2006 creating a European order for payment procedure has been adopted by the European Parliament and the Council.

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European Small Claims Procedure

Council Regulation 861/2007 of 11 July 2007 establishing a European Small Claims Procedure seeks to improve and simplify procedures in civil and commercial matters where the value of a claim does not exceed 2000 € excluding interest, expenses and disbursements (at the time when the claim form is received by the competent court).

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Latest rulings

25.05.2015

CA ruling Gijon declared the nullity of those resolutions passed hidden in the ‘question time’ or ‘any other businesses’

22.01.2016

CA Granada stated that the notices for the meetings can be made via email if this has been the usual system and all the owners have agreed.

06.10.2015

CA ruling Madrid held that communities are free to choose the type of proceeding provided for law to recover outstanding debts.