The ordinary judicial procedure in Spain: regulation and scope of application

The rules governing declarative civil proceedings are contained in Part II of the Civil Procedure Act (sections 248-516) (hereinafter referred to as the CPA). The statute contains general rules applicable to all declarative processes, Title II (Articles 399-436) but also regulates the so-called “Ordinary trial” or “Juicio Ordinario” in Spanish, a procedure that is governed by two criteria: one based on the subject matter of the dispute and other based on quantitative considerations.  The first of these is concerned with civil and commercial law disputes relating to the following subjects:

• Honorary rights of the individual.
• The right to good name, privacy and reputation
• Disputes concerning social agreements and commercial entities.
• Unfair competition, industrial property, intellectual property and advertising (unless the dispute is only a claim for an amount, in which case the hearing will be by ordinary or oral proceedings based on the amount in dispute, except where the case deals with discontinuance actions in defence of consumer interests in advertising, which are always dealt with by way of oral proceedings).
• General contract terms (with the same exception as above, if exercised in a discontinuance action in defence of consumer interests).
• Urban or rural lease agreements, except in the case of claims for rent or amounts owed by the leasee, or in the case of eviction for non-payment or termination of the agreed period (which will be processed by way of oral judgment).
• Right of redemption.
• Condominium Property Rights (except claims involving amounts for which oral proceedings are appropriate).

In addition, the ordinary process is applicable to all claims that relate to private law disputes in excess of 6,000 euros, as well as those whose economic value is impossible to calculate. The CPA contains a set of rules that serve to quantify these issues, in accordance with which they are the rights under dispute, since in any civil suit should express the economic value of the claim. If none of these legal rules are applicable, the matter will by default, be dealt with by ordinary proceedings.