Law Asked by PraiseTheBaud on August 29, 2021
I want to sue a Spanish company and I’m a UK citizen hence currently an EU citizen. I’ve been told EU citizens have a right to sue Spanish companies through Spanish courts, whereas non-EU citizens must use their home country’s courts.
England leaves the EU in December 2020 and I’ve been told that Spanish courts may stop accepting cases from UK citizens due to Brexit if I file my case in August/September. I may not have time to file my case this month (July) and the courts close in August due to holidays.
Can anyone provide any guidance regarding this? I’ve spoken to someone informally and not had any legal advice from a Spanish lawyer.
I'd recommend using the European Small Claims Procedure if your claim meets the criteria. Your claim needs to be worth less than €5,000 to be eligible.
It's a quick procedure:
For jurisdiction, if your contract is silent on the matter, file it locally in the UK. It will be quicker for you. Any judgment given by the court under the procedure is enforceable across the EU without any further formalities right through to the end of the Transition Period.
Answered by Matthew on August 29, 2021
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