SPAIN Law and Practice Contributed by: Alfonso López-Ibor, Pablo Henriquez de Luna, Virginia Jover and Pedro Echeguren, Lopez-Ibor DPM
knowledge of the proceeding by the defend- ant could gravely prejudice its efficacy. After its adoption, it must be notified to the concerned
sary. Actions taken by the defendant aimed at hindering its application may even result in crimi- nal liability due to the obstruction of justice.
party, who may then file allegations. 6.4 Liability for Damages for the Applicant
7. Trials and Hearings 7.1 Trial Proceedings
Once the injunctive relief has been adopted – unless revoked due to the defendant’s opposi- tion – the main process will continue until there is a final judgment on the merits of the case. If the judgment is granted in favour of the defendant and those measures have already been enforced and executed, the applicant for the injunction will be held liable for damages suffered by the party who requested and executed injunctive relief (Section 74 SCPA). Therefore, and unless expressly decided other- wise, Section 728.3 of the SCPA requires the applicant for the injunction to post a deposit in a sufficient amount to cover the potential damage to be caused to the party suffering the injunction as well as to compensate, in a speedy and effec- tive manner, the damages that the adoption of the injunction may cause to that party. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Injunctive relief may be granted against any assets of the respondent, regardless of their location. 6.6 Third Parties and Injunctive Relief Injunctive relief may only be obtained against the defendant and therefore not against other parties. 6.7 Consequences of a Respondent’s Non-compliance Once granted, an injunction is automatically enforced by the court using any means neces-
Trials in Spain start with the statement of claims, which is filed by the claimant, followed by the written statement of defence (or opposition), filed by the defendant within a ten or 20-day period after the notification of the statement of claims, depending on the nature of the trial. The defendant may also include in its opposition an additional claim against the original claimant or third parties ( reconvención ). At a later date, parties are summoned to attend a preliminary hearing. During this stage the parties may reach an agreement. If the dispute persists, the preliminary hearing continues, and the parties will normally ratify the contents of their respective statements. The court will then examine if there are any circum- stances which may impede the proceedings from being validly conducted, for example: • the res judicata effect; • additional or clarifying submissions to those made in their written proposals; and • the existence of a legal defect in the way the claim or the statement of defence has been filed. During the preliminary hearing, the parties may also propose additional evidence to include in their respective statements, as well as oppose the admission of evidence proposed by the opponent party. Lastly, the court will determine the date the trial will be held.
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