JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

I

The protection of credit has become increasingly important in recent years and has a particularly important milestone in Spanish law with the regulation of the order for payment procedure in Law 1/2000, of 7 January, Civil Prosecution. The success of this procedure, which is very easy to obtain a car for the execution of a right of credit with certain characteristics, has resulted in the increase in its quantitative importance, which has at present as a prior procedure of more than one third of the total executions of the civil order.

The recent approval of Law 13/2009 of 3 November, of reform of the procedural law for the implementation of the new judicial office, has taken into account the need to promote this procedural path and has increased the maximum amount that can be claimed through the order for payment procedure, which has gone from 30,000 to 250,000 euros, along with other modifications that resolve interpretative doubts. The same law has also updated the maximum amount of complaints that will be dealt with by the verbal trial, which has gone from 3,000 to 6,000 euros.

II

These reforms, apart from updating these processes and facilitating simplified procedures for speeding up justice, also involve an approach to the instruments that, with the same purpose of protecting credits, have been The European Union has been implementing these last years through what the doctrine calls a European procedural law.

The last two steps on this road have taken place with the adoption of Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 establishing an order for payment Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure.

The European order for payment procedure appears as a cross-border complaint of uncontested pecuniary claims, while the European Small Claims Procedure allows for any type of claim when its value, excluding interest, costs and costs, does not rebase EUR 2 000. Both processes involve complaints in civil and commercial matters, concepts which must be interpreted in accordance with European Union rules. In the case of the order for payment procedure, not in the case of the European Small Claims Procedure, cases such as the employment contract are included in its scope, which in Spanish law does not constitute an institute of civil or commercial law and which, without However, it must have a place in this process.

In both cases, the regulatory instrument used by the European Union implies the direct application of its provisions, which does not exempt the Spanish legislator from approving the precise rules for the enforcement of these two new processes with our procedural laws and, in particular, our Civil Procedure Act, and thus fill the gaps in these Regulations.

III

In order to facilitate the application in Spain of these two new European order for payment and payment of small amounts and pending the approval of the law of international legal cooperation that provides for our Law of Civil prosecution, three new final provisions are introduced in the latter rule.

The purpose of these precepts is limited to specifying those provisions of the European Union rules that require it and, in particular, the issues of jurisdiction, type of decisions to be taken by the judge or the secretary. The Court of Justice and its liaison with the European Regulations applicable to the procedure in question, the resources obtained under our law, and the procedural rules in each case. Necessary rules which, in any case, allow the full application of the Community Regulation by the Spanish courts and which clarify the processing of these new judicial procedures characterized by the use of forms and reserved exclusively for cross-border disputes. This use of forms justifies that one of the new final provisions of the Law on Civil Procedure establishes the obligation of the competent public administrations to make available to both the courts and the public forms which can be provided for in any of the rules of this European procedural law.

IV

As has been pointed out, the European order for payment of a small amount is applied only in cross-border disputes. However, the fact that some rules are more advantageous than those that our legislation includes requires the introduction of those changes that confer the same procedural treatment on any creditor, residing in Spain or another country of the Union. European. On the basis of the amendments that have already been made to Law 13/2009 of 3 November, of reform of the procedural law for the implementation of the new judicial office, it has been considered that these measures were reduced to increase in the process the amount for which the claim is not compulsory for the action of lawyer and prosecutor, which goes from 900 to EUR 2 000, in line with the amount of the European Small Claims Procedure.

In the context of the order for payment procedure, the possibility for the judge to propose to the claimant a lower and different amount than the one on his request, in line with what is established for the order for payment procedure, is introduced.

V

Finally, this Law comes at the same time as a distortion detected at present in relation to the monitoring processes, to which it is used, not to be taxed with the judicial rate, in a massive way to avoid processes in the that if such a tribute is required. To this end, Article 35 of Law 53/2002 of 30 December 2002 of Fiscal, Administrative and Social Order Measures is amended to include in the taxable event the initial filing of the order for payment procedure and for add a new exemption which would prevent the double payment of the fee in the case of the debtor's opposition. Similarly, again in order to balance the position of the creditor with domicile in Spain and the one who has it in another country of the European Union, the initiation of the European order for payment procedure, in the terms and with the channels of Article 25 of Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 establishing a European order for payment procedure. In this way, the payment of the fee for the initiation of an order for payment procedure or the filing of a European order for payment shall exclude the obligation to charge a new fee for the commencement of the declarative process corresponding to the the debtor's opposition. This shows that the introduction of the judicial fee for these processes rather than a tax collection, which is intended to order the scope of each procedural channel in a more rational way.

Article 1. Amendment of Law 1/2000 of 7 January of Civil Procedure.

One. Article 23 (2), paragraph 2, is worded as follows:

"1. In the case of verbal judgments the amount of which does not exceed 2,000 euros and for the initial request of the order for payment procedures, as provided for in this Law."

Two. Article 31 (2), No 1, is read as follows:

"1." Verbal judgments the amount of which does not exceed 2,000 euros and the initial request for the payment procedures, as provided for in this Law. "

Three. Article 437 (2) is worded as follows:

" 2. In the case of verbal judgments in which an amount not exceeding EUR 2 000 is claimed, the claimant may make his claim by completing standard forms which, for that purpose, shall be at his disposal in the relevant court. '

Four. Article 539 (1) is worded as follows:

" 1. The executing and the executed shall be directed by counsel and represented by procurator, except in the case of the execution of decisions rendered in processes in which the intervention of such professionals is not mandatory.

For the execution derived from monitoring processes in which there has been no opposition, the intervention of lawyer and procurator shall be required provided that the amount for which the execution is issued is greater than 2,000 euros. "

Five. A final paragraph is added to Article 813 with the following wording:

" If, upon completion of the corresponding inquiries by the Judicial Secretary about the domicile or residence, these are unsuccessful or the debtor is located in another judicial party, the judge will dictate order by completed the process, making such a circumstance and reserving to the creditor the right to re-urge the proceedings before the competent court. "

Six. A new paragraph 3 is added to Article 815 with the following wording:

" 3. If it is apparent from the documentation provided with the petition that the amount claimed is not correct, the judicial secretary will transfer the judge, who, if necessary, by order of the person may propose to the petitioner to accept or reject a proposal of payment requirement for the amount less than initially requested that you specify.

In the proposal, the petitioner must be informed that if within a period of not more than ten days he does not send the answer or the answer is rejected, he will be given a withdrawal. "

Seven. A new twenty-third final provision is added with the following wording:

" Final Disposition Twenty-third. Measures to facilitate the implementation in Spain of Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 establishing a European order for payment procedure.

1. It is for the Court of First Instance, exclusive and exclusive, to know the instance of the European order for payment procedure, as laid down in Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006.

Territorial jurisdiction shall be determined in accordance with the provisions of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and, as far as is not foreseen, under Spanish procedural law.

2. The request for a European order for payment shall be submitted through the form A set out in Annex I to Regulation (EC) No 1896/2006, without the need to provide any documentation, which shall be inadmissible.

3. A request for a European order for payment, the judicial secretary by decree and in the form provided for in Form B of Annex II to Regulation (EC) No 1896/2006, may require the claimant to complete or rectify his/her request, unless it is manifestly unfounded or inadmissible, in accordance with the provisions of Article 9 of that Regulation, in which case the judge shall decide by order.

4. If the requirements laid down in Articles 2, 3, 4, 6 and 7 of Regulation (EC) No 1896/2006 are fulfilled only in respect of a part of the request, the Registrar shall forward the transfer to the judge, who, where appropriate, by order and in the form provided for in Article 2, in form C of Annex III, the applicant shall either accept or reject a proposal for a European order for payment for the amount specified in accordance with Article 10 of that Regulation.

In the proposal, the complainant must be informed that, if he does not send the reply or the reply is rejected, the request for the European order for payment will be rejected in full, without prejudice to the possibility of claim of the credit through the judgment corresponding to the national or Community procedural rules.

The claimant will respond by returning the submitted C form within the specified time limit. If the proposal for a European partial payment order is accepted, the remaining part of the initial claim may be claimed through the judgment corresponding to the national or Community procedural rules.

5. The rejection of the request for a European order for payment shall be made by order of order in accordance with Article 11. The applicant shall also be informed of the reasons for the dismissal in the form set out in Form D of Annex IV to Regulation (EC) No 1896/2006. Such order shall not be subject to appeal.

6. The issue of a European order for payment shall be adopted by decree within the maximum period of 30 days from the date of submission of the request, and in the form provided for in Form E of Annex V to Regulation (EC) No 1896/2006, compliance with the provisions of Article 12 of that Regulation.

The thirty-day period shall not include the time taken by the claimant to complete, rectify or modify the request.

7. The defendant may submit within 30 days of the notification of the written notice of opposition, using form F of Annex VI to Regulation (EC) No 1896/2006 and in accordance with Article 16 thereof.

In the notification of the requirement, the defendant shall be warned that the calculation of the time limits shall be governed by Council Regulation 1182/71 of 3 June 1971 determining the rules applicable to the time-limits, dates and time-limits. terms, without excluding the business days.

8. In the event of a statement of opposition within the prescribed period, the Registrar shall inform the complainant that he must urge the case to be continued in accordance with the Spanish procedural rules before the Court of Justice. the Court of First Instance, of the relevant Commercial or Social, unless it has already expressly requested that, in such a case, the process be terminated.

In the event that no opposition has been made within the period indicated or the debt has not been paid, the judicial secretary shall terminate the order for payment procedure by declaring the European order for payment by decree and in the form provided for in Form G of Annex VII to Regulation (EC) No 1896/2006, in accordance with Article 18 of that Regulation.

The European order for payment will be delivered to the complainant duly attested by the judicial secretary, either on the original or on the copy, making this circumstance clear.

9. The jurisdiction for the review of a European order for payment is for the court which issued it. The procedure for the revision of a European order for payment for the causes provided for in Article 20.1 of Regulation (EC) No 1896/2006 shall be processed and resolved in accordance with the provisions for the termination of final judgments. Instance of the rebel litigant in the 501 and concordant articles of this Law.

The review provided for in Article 20.2 of Regulation (EC) No 1896/2006 shall be carried out by means of the incident of nullity of legal acts provided for in Article 241 of the Organic Law 6/1985 of 1 July 2006. Judicial.

10. The notifications made by the court on the occasion of the processing of a European order for payment procedure and the issue of the European order for payment shall be made in accordance with the provisions of this Law, provided that they are communication provided for in Regulation (EC) No 1896/2006, as a priority by computer or telematic means and, failing that, by any other means which also permits the delivery to the defendant of the act of communication.

11. Procedural matters not provided for in Regulation (EC) No 1896/2006 for the issue of a European order for payment shall be governed by the provisions of this Law for the payment procedure.

12. The originals of the forms contained in the Annexes to Regulation (EC) No 1896/2006 shall include the procedure both in cases where Spain is the issuing State of the European order for payment and in cases where Spain is State of execution of the same. For appropriate purposes, the corresponding testimonial copies shall be issued.

13. The jurisdiction for the execution in Spain of a European order for payment which has acquired executive force corresponds to the Court of First Instance of the defendant's domicile.

It shall also be the responsibility of the defendant to refuse the execution of the European order for payment, at the request of the defendant, as well as the limitation of the execution, the lodging of a guarantee or the suspension of the implementation referred to in Articles 22 and 23 of Regulation (EC) No 1896/2006.

14. Without prejudice to the rules laid down in Regulation (EC) No 1896/2006, the procedures for the implementation in Spain of European payment requirements issued in other Member States shall be governed by the provisions of this Law.

The processing of the refusal of the execution of the European order for payment, as well as the limitation of the execution, its suspension or the lodging of a guarantee, shall be carried out in accordance with the provisions of Articles 556 and the following of this Law, and will be resolved by self-unsusceptible of appeal.

15. Where a European order for payment is to be enforced in Spain, the applicant shall submit to the competent court an official translation into the Spanish or the official language of the Autonomous Community on whose territory the proceedings for such a request, certified in the manner provided for in Article 21 of Regulation (EC) No 1896/2006. '

Eight. A new twenty-fourth final disposition is added with the following wording:

" Final Disposition twenty-fourth. Measures to facilitate the implementation in Spain of Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure.

1. It is for the Court of First Instance or the Commercial Court to pay attention to the subject of the complaint, the first instance of the European Small Claims Procedure, which is governed by Regulation (EC) No 861/2007 of the European Parliament and of the Council. Council of 11 July 2007.

Territorial jurisdiction shall be determined in accordance with the provisions of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judicial decisions in civil and commercial matters, and, as far as is not foreseen, in accordance with Spanish procedural law.

2. The European Small Claims Procedure shall be initiated and processed in the form provided for in Regulation (EC) No 861/2007 and in accordance with the forms set out in the Annexes thereto.

The procedural issues not provided for in Regulation (EC) No 861/2007 will be governed by the provisions of this Law for Verbal Judgment.

The calculation of the time-limits shall be governed by Council Regulation 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and terms, without excluding any working days.

3. The questions referred to in Article 4 (3) and (4) of Regulation (EC) No 861/2007 shall be decided by a decree of the Registrar, unless it involves the dismissal of the application, in which case the judge shall decide by order. In both cases, a period of 10 days shall be granted to the claimant to express what is appropriate in relation to that article.

4. If the defendant claims that the proceedings have been inadequate to overcome the claim for a claim, he shall not be liable for the value laid down in Article 2 (1) of Regulation (EC) No 861/2007, the judge shall decide by order within 30 days, Where the applicant has been transferred to make claims, if the claim is to be dealt with by the present proceeding or be processed in accordance with the Spanish procedural rules, it must be processed in accordance with this procedure. Against this order, no recourse shall be made, without prejudice to its claim in the appeal against the judgment given in another proceeding.

In the event of a counterclaim by the defendant and the defendant exceeds the limit of the amount set out in Article 2.1 of Regulation (EC) No 861/2007, the judge shall decide by order that the case be dealt with by the defendant. the procedure to be applied in accordance with the Spanish procedural rules.

5. Notifications made on the occasion of the processing of a European Small Claims Procedure shall be made in accordance with the provisions of this Law, in so far as they are means of communication provided for in Regulation (EC) No 861/2007, priority by computer or telematic means and, failing that, by any other means which also permits the delivery to the defendant of the act of communication.

6. Against the judgment ending the European Small Claims Procedure, the appropriate remedy may be brought in accordance with this Law.

7. The jurisdiction for the execution in Spain of a judgment given in another Member State of the European Union ending a European Small Claims Procedure corresponds to the Court of First Instance of the defendant's domicile.

It shall also be the responsibility of the defendant to refuse the execution of the judgment, as well as the limitation of the execution, the lodging of a guarantee or the suspension of the execution procedure. refer to Articles 22 and 23 of Regulation (EC) No 861/2007.

8. The procedures for the execution in Spain of judgments handed down in other Member States of the European Union ending a European Small Claims Procedure shall be governed by the provisions of this Law.

The processing of the refusal of the execution of the judgment, as well as the limitation of the execution, its suspension or the lodging of a guarantee, shall be carried out in accordance with the provisions of Articles 556 and This Law, without in any case the judgment can be subject to review as to the substance, and will be resolved by means of an unsusceptible order of appeal.

9. Where a judgment given in another Member State of the European Union which terminates a European Small Claims Procedure is to be enforced in Spain, the applicant shall submit to the competent court an official translation into Spanish or official language of the Autonomous Community on whose territory the judicial proceedings of the certificate of that judgment take place, certified in the manner provided for in Article 21 (2) of Regulation (EC) No 861/2007.

10. The originals of the forms contained in the Annexes to Regulation (EC) No 861/2007 will integrate the autos in both cases where it is a Spanish court which resolves the European Small Claims Procedure as in cases in which it is Spain shall be the executing State. For appropriate purposes, the corresponding testimonial copies shall be issued. '

Nine. The present final disposition twenty-fifth to twenty-sixth is moved and a new twenty-fifth final disposition is added, with the following wording:

" Twenty-fifth final disposition. Process forms or procedural instruments regulated in European Union rules.

The Public Administrations competent for the provision of material means at the service of the Administration of Justice shall provide the making available to the courts and the public of the forms procedural content of the rules of the European Union. "

Article 2. Amendment to Article 35 of Law 53/2002 of 30 December 2002 on Fiscal, Administrative and Social Order Measures.

One. Point (a) of Article 35 (1) is worded as follows:

" (a) The interposition of the claim in all manner of declarative and enforcement processes in the civil court order, the counterclaim formulation and the initial submission of the order for payment procedure and the order for payment procedure "

Two. In Article 35 (3), the current point (b) is referred to in point (c), and a new point (b) is added with the following wording:

"(b) The filing of the claim for ordinary judgment in the event of the debtor's opposition, in the cases of order for payment procedure and the European order for payment procedure for which the fee has been satisfied."

Three. A new point (f) is added to Article 35 (4), the wording of which follows:

"f) Presentation of the initial request for the order for payment procedure and the European order for payment procedure."

Final disposition first. Competence title.

This Act is dictated by the exclusive competence of the State in matters of procedural law, in accordance with the provisions of Article 149.1.6. of the Constitution.

Final disposition second. Entry into force.

This Law shall enter into force on the twentieth day of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 24 March 2011.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO