Which court is competent to hear my case in Spain

You have a claim and the documents ready. Before filing a claim one essential question remains: which court is competent to decide the matter?

The answer does not depend only on where you live, where the contract was signed or where your lawyer has an office. It requires studying the nature of the dispute, what is being claimed and the rules that allocate matters among judicial bodies.

This guide explains how jurisdiction and competence are analysed in Spain, with particular attention to civil claims and to disputes with international elements.

1. What it means for a court to be competent

Competence determines which judicial body may hear a matter. To identify it, several questions must be separated:

This analysis avoids confusing the competent country, the subject matter and the locality. The Ley de Enjuiciamiento Civil governs these questions separately for civil matters.

Before asking, for example, whether a claim must be filed in Alicante or Valencia, it may be necessary to establish whether it belongs to the Spanish courts and to the civil order.

2. Subject matter: what kind of dispute it is

The analysis begins by identifying the legal relationship and what is being sought.

An unpaid salary, the unpaid price of a sale and an administrative sanction all have an economic content, but they do not necessarily follow the same route.

How the claim is framed also matters. Claiming the return of a deposit is not the same as bringing an action concerning ownership of a property, even where both are connected with a home.

The documents must be studied together with the outcome sought, not only with the general description of the problem.

For a first consultation it helps to explain:

• What happened.
• Who was involved.
• What relationship exists between the parties.
• What is to be obtained.
• Whether a claim or proceeding is already under way.

3. In a civil claim, do you sue where the defendant lives?

The defendant’s domicile is an important general reference, but there are exceptions.

For natural persons, article 50 of the Ley de Enjuiciamiento Civil establishes the general forum of the defendant’s domicile, unless the law provides otherwise. For legal persons, article 51 covers their domicile and other possibilities subject to conditions.

Example: a claim against a building firm

Before deciding where to claim, it is worth identifying the company contracted, its domicile, the contractual relationship and whether you are acting as a consumer.

The fact that the works were carried out in your home is relevant, but it does not replace the analysis of the rules applicable to the specific action.

The trading name that appears in an advertisement must not be confused either with the person or entity against which the claim must be directed.

4. Property: when the location of the home matters

The location of the property determines territorial competence in various situations.

The law lays down specific rules, among others, for:

• Actions in rem over property.
• Leases and eviction proceedings.
• Disputes concerning horizontal property (condominium).

In these cases the place where the property is situated has a role expressly provided for in the rules.

Not every dispute connected with a home follows the same rule

A dispute over ownership, a contractual claim against a seller and a disagreement with an intermediary may require different analyses.

It is therefore not enough to say: "Because the property is in Dénia, any claim must be filed there."

The action must first be defined. Where persons resident in other countries are involved, international jurisdiction must be reviewed as well.

5. Consumers: rules that may change where you claim

Consumer status may be relevant when determining territorial competence.

Where the earlier rules of article 52 do not apply, its paragraph 3 allows, for certain individual actions by consumers or users, a choice between the court of their own domicile and the court corresponding under articles 50 and 51.

It should not be assumed that every contract entered into by a natural person is a consumer relationship. It matters to explain what the service or good was contracted for and in what context each party was acting.

6. Is a clause naming the courts of another city valid?

Many contracts include a clause submitting disputes to the courts of a particular place. Its presence in the document does not mean that it is valid and applicable in every circumstance.

In domestic civil litigation, article 54 limits submission as to territory. Among other situations, it does not accept an express submission contained in contracts of adhesion, in contracts with general conditions imposed by one party, or in contracts concluded with consumers or users.

There are also mandatory territorial rules and restrictions for matters that must be decided in a verbal hearing (juicio verbal).

Example: a contract designating Madrid

If a contract states that any dispute will be resolved in Madrid, the clause should be reviewed before assuming that you must claim there.

The analysis will include the type of contract, the status of the parties, the action and the existence of international elements. An automatic conclusion is not appropriate merely because the clause is signed.

7. What happens if one party lives outside Spain

In an international dispute the first question is whether the Spanish courts have jurisdiction.

Where Regulation (EU) 1215/2012, known as Brussels I bis, applies, its general, special, exclusive and protective rules for certain parties must be examined.

Its scope has exclusions: it does not govern, for instance, succession. Other matters may require different European rules, international conventions or Spanish legislation.

The competent court and the applicable law are different questions. A clause choosing a governing law does not, by itself, decide where the dispute must be heard.

To study the matter it helps to know the domiciles of the parties, where the transaction took place and the full content of the contract.

8. The employment and administrative rules are different

The approach used for a civil claim must not be transferred automatically to other orders.

In the social order, the general rule allows a choice between the place where the services are provided and the defendant’s domicile, with specialities depending on the matter.

In contentious-administrative matters, article 14 sets territorial rules linked to the seat of the body that issued the act, together with certain possibilities of choice subject to limits.

The question "where do I file the claim?" must be answered after identifying the appropriate route.

9. Can I choose which judge will decide?

Establishing the competent body is not the same as freely choosing the judge.

Matters subject to reparto (allocation of cases) are assigned under the corresponding rules. The current organisation into Tribunales de Instancia does not turn that allocation into a choice for the parties.

When you receive court documents, keep the full identification of the body, section and proceeding. Providing those details helps to locate the file and prepare the response.

10. What to do if you receive a claim before a court you consider incorrect

It should not be ignored, nor should it be enough to state informally that you disagree with the place of the proceedings.

In civil proceedings the declinatoria allows certain objections of jurisdiction or competence to be raised. Filing it is subject to requirements and to a specific procedural moment.

Ask for a review as soon as possible, providing the complete claim, its annexes and the date of notification. The procedural strategy must be prepared in the light of the applicable time limit.

Frequently asked questions about the competent court

Can I always sue in my own city?

No. Your domicile may be relevant in certain situations, but competence depends on the rules applicable to the dispute.

Does the place where we signed the contract determine the court?

Not necessarily. The action, the domiciles, the special forums and any relevant clause must be studied.

Does a property in Spain mean every dispute is heard here?

It does not automatically resolve every dispute connected with it. The action brought matters, and so do international rules where they apply.

Does the location of my lawyer’s office change competence?

No. Instructing a firm in a city does not allow the courts of that city to be chosen for that reason.

Can I wait and argue about competence at the end of the trial?

Reviewing it should not be postponed. Some objections must be raised at the outset and through the appropriate legal channel.

Advice on establishing where to claim

At MH Legal & Seguros we study the documentation and the nature of the dispute in order to identify the appropriate route and the competence rules that apply.

From our offices in Dénia, Gandía and Villalonga we advise national and international clients throughout Spain.

You can write to info@mhlegalyseguros.com with a short explanation of the matter, the domiciles of the parties and the relevant dates. If you have already received a claim, provide the complete document and the date of notification.