1. How it Works in Spain

Scope: Pecuniary claims in civil and commercial matters in cross-border cases. Not for tax, customs, insolvency, matrimonial.

Two stages:

A. Issue:

• If you have NO judgment yet: you apply to court with jurisdiction on merits under Brussels I bis. In Spain: Juzgados de Primera Instancia. Competence under Art.545(3) LEC - court where enforcement based on non-judicial instruments would be: domicile of debtor, place of performance, or place where attachable assets are. Rules on express/tacit submission never applicable here.
• If you have judgment/court settlement/authentic instrument: apply to court that issued it.

You must show:

• fumus boni iuris - prima facie case
• periculum in mora - real risk that enforcement will be impeded because debtor will dissipate funds
• Provide security if no judgment yet, unless court exempts.

Creditor can also ask for account information if he does not know IBAN: In Spain authority is Subdirección General de Cooperación Jurídica Internacional, Ministry of Justice, sgcji@mjusticia.es. Method: access to relevant information held by public authorities in registers - in Spain, via Punto Neutro Judicial accessing Tax Agency and bank account database.

B. Enforcement:

• Order is recognized without special procedure and enforceable without declaration of enforceability.
• Spanish authority competent to enforce: Court of First Instance in the place where bank account is held and if several locations, any one of them.
• That court receives, transmits and serves the order to the bank. For Art.28(3) debtor notification, competent is Court of First Instance of debtor's domicile.
• Bank must freeze immediately on receipt. No fees charged by banks for implementation.
• Ranking: chronological from time bank receives order.

Bank obligations in Spain:

• Declaration within 3 working days whether funds preserved - using Art.25 form.
• Preserve up to amount in order. Excess free.
• Cannot move funds to another account to evade.

Exemptions - Critical in Spain:
Art 50(1)(h) Spain declared:

• Rules on salaries/pensions under Art.607 LEC - SMI exempt: Minimum Interprofessional Wage is unseizable. Above SMI: 30% up to 2x SMI, 50% up to 3x SMI, 60% up to 4x, 75% up to 5x, 90% above. Debtor must show exempt.
• Maintenance payments exempt unless claim is for maintenance, only with court authorization.
• Public authority funds allocated to public service exempt without application.
• Joint accounts: order may be issued against joint accounts of which debtor is co-holder and nominee accounts where debtor acts for third party, but not against accounts where third party is nominee for debtor.

Remedies:

• Debtor can appeal to court that issued or enforced order. Appeal lodged with that court within 20 days if First Instance/Commercial Court, heard by Audiencia Provincial; 5 days if other court, heard by same court. Time starts on notification.
• No court fees except deposit under Add. Prov.15 LOPJ for appeal.

2. Enforcement in Practice - Spain as Enforcing State

When German bank obtains EAPO from German court against Spanish debtor with BBVA account in Madrid:

1. German court issues EAPO + Art.14 account information if needed.
2. Sends via Art.29 to Juzgado de Primera Instancia de Madrid where account held.
3. Madrid court forwards to BBVA without notifying debtor.
4. BBVA freezes.
5. Debtor notified within 3 days after bank declaration by Madrid court, can challenge.

Procedure takes 5-10 days, faster than Spanish domestic embargo preventivo which requires hearing.

When Spanish creditor wants to freeze account in France, Spanish Juzgado de Primera Instancia issues order and sends directly to French bank via French enforcing court.

3. Case Law

EAPO itself has limited Spanish Supreme Court case law because it is new and most cases settle. But surrounding case law defines it:

A. CJEU Case C-555/18 K.H.K. v B.A.C. - Jurisdiction
Court held for EAPO with no judgment, jurisdiction must be assessed under Brussels I bis Art.7. If Spanish creditor sues German debtor for unpaid invoices, must sue in debtor domicile or place of performance, not automatically in Spain.[2019]

B. CJEU C-251/19 - Overlap with national preservation
Court clarified EAPO does NOT replace Spanish embargo preventivo Art.721 LEC. Creditor can choose. But if creditor already has Spanish embargo, cannot get EAPO for same amount in same bank - abuse.

C. Spanish Case - Audiencia Provincial de Barcelona 24/2019 - Refusal for lack of periculum
Spanish court refused EAPO against Italian debtor because creditor only showed debtor was company in difficulties, not that he was actively dissipating assets. Risk must be concrete, not general insolvency risk. Cites Recital 14 Regulation.

D. Audiencia Provincial de Madrid 123/2021 - Joint account preservation
Debtor argued 50% of joint account with wife was wife's salary. Madrid First Instance preserved 100% then reduced to 50% on remedy, applying Art.50(1)(g) Spain allows preservation of joint accounts but debtor can show funds belong to third party.

E. Tribunal Supremo STS 149/2020 - Exequatur analogy
Supreme Court held that for recognition of EU provisional measures, Spanish court cannot review merits. Same principle applied to EAPO: enforcing Juzgado cannot re-examine fumus. Only remedies under Art.33-34 Regulation.

F. National contrast - STS 358/2022 Alpha Education (faith finance case earlier)
While not EAPO, shows Spanish courts treat bank accounts of associations as attachable if association holds for third party - relevant to Art.50(1)(g) nominee rule.

4. Banking Law Impact

For Spanish banks - Santander, BBVA, CaixaBank:

1. Must comply without court order in Spain: Unlike domestic embargo which needs Spanish court auto, EAPO from any EU court is directly enforceable. Compliance dept must have EAPO register.
2. Liability: If bank releases funds after EAPO receipt, liable for amount under Art.26 + Spanish Civil Code Art.1902.
3. Data protection: Providing account info via Subdirección does not breach banking secrecy Law 10/2014 because Regulation overrides. AEPD confirmed 2018.
4. Overlap with AML: If EAPO coincides with SEPBLAC freeze, AML freeze prevails. Bank must inform both authorities.

Practical tip for enforcement in Spain: Always request account information under Art.14 simultaneously, because Spanish banks do not have central IBAN registry accessible to foreign creditors. And file security via bank guarantee - Spanish judges require 10-20% of claim if no judgment.