Spain: Receiving electronic summons for companies
Receiving electronic summons for companies
What is the novelty?
Starting March 20, 2024, legal entities will receive summons (i.e., notifications of judicial claims) electronically instead of the paper-based ones that were previously delivered directly to their addresses.
This change is due to the reforms introduced by Royal Decree-Law 6/2023.
Where will these electronic notifications be sent?
Under article 50.1 of Royal Decree-Law 6/2023 electronic notifications may be received on various platforms, including Carpeta Justicia, the Sedes Judiciales Electrónicas (which can be found in this directory), the Dirección Electrónica Habilitada Única —DEHú—, or any other electronic platforms that might be regulated.
At what point is a notification considered to have taken place if it is accessed electronically?
If the summons is received electronically and is opened within three days, the period to respond will start running the day after the summons is received.
If multiple notifications of the same act are received, the general rule is that the first one received will be considered valid under article 152.6 of the Spanish Civil Procedure Law —LEC—.
What happens if the notification is not accessed?
If an electronic summons is not accessed within three days, it will be published in the Tablón Judicial Edictal Único —TEJU— (article 155.1 LEC), which will serve as a notification.
What recommendations do we have for companies in light of this change?
Companies should carefully monitor electronic notifications and subscribe to alert systems on all possible platforms, such as Carpeta Justicia, the Sedes Judiciales Electrónicas, DEHú, TEJU, and other platforms. However, it is important to note that alerts are informative only.
Daily monitoring and subscribing to TEJU alerts will be particularly important since, as explained, if a notification arrives at another platform and is not opened within three days, it will proceed to the edictal notification through that tool.