Electronic notification of lawsuits

On March 20 are entering into effect various procedural efficiency measures that were approved by the Spanish Royal Decree-Law 6/2023, of December 19, among which we find a very important modification of the Civil Procedure Law (LEC), affecting all legal entities and entities without legal personality, who are obliged to interact with the Administration of Justice by telematic means.

We refer to the judicial notifications from the Administration of Justice served to parties that are not yet taking part in a proceeding, or that are not represented by a court agent.

As of March 20, these notifications must be made exclusively through telematic means, using official electronic notification platforms. If a communication is sent via these telematic means and is not opened by the recipient within 3 days, it will be published on the Single Judicial Notice Board (Tablón Edictal Judicial Único), with full effects and the legal consequences that this publication triggers.

These notifications include the first summons or subpoenas, for example, the service of a lawsuit. If those 3 days lapse without the notification being opened, the subsequent publication on the Notice Board will be considered a valid notification and the legal period to respond to the lawsuit beings to run.

Therefore, it is crucial to verify that Spanish legal entities are duly registered on the electronic notification platforms, and that the contact information provided therein is correct and updated, so that any notification sent in this way is duly handled.

The above does not apply to natural persons, who are not obliged to interact electronically with the Administration of Justice, so first summons or subpoenas shall be carried out at their home, or by telematic means that will only be effective if the recipient voluntarily accepts them.

We recommend that all legal entities, or entities without legal personality, review their electronic communication systems with the Administration of Justice (for example here: Sede Judicial Electrónica or here: Dirección Electrónica Habilitada Única)