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What it is

Bill would drop court fees for individuals and small businesses

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 15 March 2016. Introduced by: Grupo Parlamentario Podemos-En Comú Podem-En Marea.

Official title: Private member's bill amending the court fee regime established by Law 10/2012, of November 20, and the Civil Procedure Law, repealing paragraph 7 of article 241.1.7 of the LEC added by Law 37/2011, of October 10, on procedural acceleration measures.

Follow this law

Source: Congreso de los Diputados, file 122/000018· updated 11 Nov

Automatic summary, not yet reviewed

  1. A bill from the Podemos-En Comú Podem-En Marea parliamentary group, filed in the Congress of Deputies (Congreso de los Diputados) in March 2016, proposes to change the court fee system set by Law 10/2012. It is not an approved law, only the initial text submitted for processing.
  2. The bill would exempt from the court fee all individuals, nonprofit entities under the special tax regime of Law 49/2002, entities exempt from corporate income tax The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings., and small and medium-sized entities. The Public Prosecutor's Office and public administrations would also be exempt.
  3. It would add a section to the Civil Procedure Act so that the court fee is never included in the costs of the proceedings, meaning what the losing party must pay the winner. To do this, it repeals the section that allowed those fees to be included in such costs.
  4. The proposal keeps the fee for large companies, but seeks to prevent them from passing it on to citizens or recovering it through the costs of the proceedings. If approved, the law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • Individuals who go to court: They would no longer pay the court fee if the law is approved.
  • Small and medium-sized businesses: They would be exempt as small-sized entities.
  • Nonprofit entities: They would be exempt if they choose the special tax regime of Law 49/2002.
  • Large companies: They would still pay the fee, but could not include it in the costs of the proceedings.
  • Public administrations and the Public Prosecutor's Office: They would be exempt from paying the fee.

Words worth knowing

Tasa judicial (court fee)
Money that must be paid to the State to file certain lawsuits or appeals in court.
Costas del proceso (costs of the proceedings)
Trial costs (lawyers, court representatives, fees) that the losing party usually must pay.
Tutela judicial efectiva (effective judicial protection)
The constitutional right to go to court and get a fair ruling on your rights.
Entidad de reducida dimensión (small-sized entity)
A tax category for small and medium-sized companies under corporate income tax rules.
income tax
The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced15 March 2016Someone registers the text in the Congreso.
  2. Admitted29 March 2016The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 5 official steps on a timeline
Mar 2016Apr 201611. 15 March 2016: Presentación22. 29 March 2016: Boletín Oficial de las Cortes Generales Publicación desde 29/03/2016 hasta 01/04/201633. 29 March 2016: Calificación44. 1 April 2016: Gobierno Contestación desde 01/04/2016 hasta 03/05/201655. 3 May 2016: Concluido - (Caducado) desde 03/05/2016 hasta 20/05/2016

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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