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Spain – Electronic notifications introduced by Spanish Courts
In Spain, all communications and notifications issued by Spanish courts will now be communicated by electronic means.
This follows changes brought in by Royal Decree-Law 6/2023, modifying several sections of the Spanish Law on Civil Procedure.
E-notifications will become the rule for companies and branches and include notifications of service process and, in general, any initial notifications of lawsuits or judicial proceedings.
E-notifications from the Administration of Justice will be delivered through different systems:
- the online personal “Justice Folder” (Carpeta Justicia);
- specific systems of each Regional Administration of Justice;
- the “Unique Enabled Electronic Address” (DEHú) or
- any other electronic means that will be determined by the applicable regulations.
Electronic notifications that are not opened within 3 days will be published on the “Single Edictal Judicial Board” (TEJU), a system of last resort where the communication will be deemed as delivered and effective from the following business day.
To check these mailboxes, companies are required to have a digital certificate issued by the Spanish Mint (FNMT) on behalf of their officer in charge of legal matters.
The risk of non-compliance
Though no penalties are listed for non-compliance, it is highly recommended to check relevant systems on regular basis to avoid negative consequences such as overdue judicial deadlines or missed communications.
