The Royal Decree-Law 6/2023, approved on December 19, introduces urgent measures to implement the Recovery, Transformation, and Resilience Plan. This reform, which took effect on March 20, brings significant updates to the summary proceedings under Spain’s Civil Procedure Law (LEC).
Here are the five key changes:
I. Higher monetary limit: €15,000
Claims for amounts up to €15,000 can now follow the simplified summary process, up from the previous limit of €6,000.
II. More case types now qualify for summary proceedings
The reform adds three new categories, bringing the total to 16:
- Individual claims regarding general contract terms (as opposed to collective claims, which follow standard proceedings).
- Claims by homeowners’ associations under the Horizontal Property Law (Law 49/1960), if they only involve monetary disputes of any amount.
- Cases involving the division of common property, which previously required ordinary proceedings.
III. Extended deadlines for filing expert reports
Expert reports announced in the initial pleadings can now be submitted within 30 days, rather than the previous 5-day deadline before the hearing. Courts may grant extensions in exceptional cases.
IV. No more bond requirements for certain claims
Defendants are no longer required to post a bond when challenging property-related claims.
V. Flexibility in presenting evidence after the hearing
If evidence cannot be presented at the hearing, it can now be admitted afterward as part of final proceedings, avoiding unnecessary delays.
These legislative updates reflect the interpretation of addwill’s procedural law team. Contact us for advice on the measures discussed or any issues concerning civil litigation in Spanish law.
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