1. EU Framework for Enforcement

A. Brussels I Recast - Regulation (EU) 1215/2012 - The main engine
Since 2015, exequatur is abolished.

A judgment in civil and commercial matters given by a court of an EU Member State is recognised in other Member States without any special procedure, and is enforceable without a declaration of enforceability.

Process:

• Obtain your judgment in Member State of origin + Article 53 Certificate from that court.
• Present in Spain to Juzgado de Primera Instancia where debtor or assets are, with certified translation.
• The court moves directly to enforcement under Spanish LEC. Debtor can oppose only on limited grounds Art. 45: public policy, defective service, irreconcilable judgment.

Key ECJ case law:

• C-568/20 J v. H Ltd - Garnishee order as judgment: ECJ held that a third-party garnishee order issued by a court is a "judgment" within Brussels I Recast and can circulate, provided debtor had opportunity to be heard on original claim.
• C-300/14 Imtech Marine v. Radio Hellenic: Enforcement procedure itself is governed by law of Member State of enforcement (lex loci executionis). Means Spain will apply its own exemptions even if origin state allowed 100% garnishment.
• C-508/12 Vapenik v. Thurner: Social-protection limits of enforcement state are not contrary to EU law, they are matter of public policy allowed under Art.45.

Direct cross-border garnishment without going through local court is not possible. Service to domestic bank of foreign order has no effect.

B. European Account Preservation Order - Regulation 655/2014 - The freezing tool, NOT garnishment
This is the only true EU cross-border bank account tool.

• Creditor can apply in his home court for EAPO to freeze funds in bank account of debtor in another EU country.
• Issued ex parte, without notice to debtor.
• It only blocks the account, does not allow money to be paid out to creditor. To get money, you still need a final judgment and Spanish enforcement.
• Does NOT apply to wages that have special immunity, nor to accounts held by central banks. Amounts exempt from seizure under law of Member State where account is maintained are protected.

Important case law:

• Starkinvest SRL (ECJ C-642/21): Penalty payments can be enforced via EAPO only if amount finally determined.
• Luxembourg Tribunal d'Arrondissement 9 Oct 2025 case: Clarified revocation recourse of EAPO - debtor can challenge in issuing court and enforcement court.

EAPO cannot be used to garnish future wages, only existing balance.

C. European Enforcement Order, Payment Order, Small Claims
These are simplified titles that also circulate under Brussels I, but final enforcement in Spain still follows Spanish rules.

2. Spanish Domestic Rules on Wage and Bank Garnishment - Art. 607 LEC

Spain is extremely debtor-protective. This applies even to foreign creditors once enforcement is in Spain.

A. Wage Garnishment - Embargo de Sueldos - Art. 607 LEC

Spanish law has established a sliding scale:

• Up to SMI (Salario Mínimo Interprofesional) - 0% seizable. For 2024-2025 SMI ~ €1,134/month in 14 payments (~€15,876/year). Fully exempt.
• For income above SMI:
  • Between 1-2 x SMI: 30% of the portion can be seized
  • Between 2-3 x SMI: 50%
  • Between 3-4 x SMI: 60%
  • Between 4-5 x SMI: 75%
  • Above 5 x SMI: 90%

Example: SMI €1,134, debtor earns €2,500 net. Non-seizable = €1,134. Seizable portion = €1,366. 30% of first SMI tranche (€1,134) = €340 + 50% of remaining €232 = €116 => Total garnishable ~ €456.

Exception: For child support / alimentos the SMI limit does NOT apply - court can seize even below SMI. Confirmed by Spanish Supreme Court case law.

Calculation base is net salary after tax and Social Security, not gross.

B. Bank Account Garnishment - Embargo Telemático de Cuentas

This is how wage garnishment is actually enforced in Spain.

• Spain has implemented telematic freezing - Punto Neutro Judicial connects all major banks. Court issues embargo order electronically to banks which have subscribed to the agreement - vast majority of banks in Spain.
• If wages are paid into account, the protection of Art.607 still applies - bank must leave SMI equivalent untouched. Tax Agency cannot retain savings if they are unseizable.
• Order: Court first freezes bank accounts, then salary at employer, then other assets. But wages already in account keep same protection as salary.
• Creditor cannot seize business account that is P-konto equivalent - Spain does not have German Pfändungsschutzkonto system, but case law requires judge to leave exempt amount.

C. Enforcement Procedure for Foreign Creditor in Spain

1. File Demanda de Ejecución with Article 53 certificate + Spanish translation + power of attorney.
2. Court issues Auto despachando ejecución and Decreto de embargo.
3. Court sends telematic order to banks and employer via AEAT / Seguridad Social databases to locate employer and banks.
4. Employer/bank has 10 days to retain and transfer to Court's account (Cuenta de Consignaciones).
5. Debtor can oppose within 10 days citing Art.607 exemption.

3. Practical Cross-Border Scenario - France to Spain

French company has French judgment for €50,000 against debtor living in Madrid working for Spanish company with BBVA account.

• Step 1: Get Article 53 certificate from French court.
• Step 2: Hire Spanish Procurador + Abogado, present execution in Madrid.
• Step 3: Request both bank account embargo and wage garnishment at employer. Court will freeze BBVA account but leave SMI amount.
• Step 4: Employer will deduct monthly per Art.607 scale and transfer to court.
• You cannot use EAPO to directly garnish future wages - EAPO only for existing balance. For future wages you need Spanish embargo de sueldos.

If debtor's wages are paid in France but bank is in Spain, enforcement fails because employment enforcement must be where employer is located (host state of employer).