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What it is

Proposal to end 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 16 September 2016. Introduced by: Grupo Parlamentario Confederal de Unidos 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 122/000023· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would exempt from the court fee, among others, individuals, nonprofit entities under a special tax regime, 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 companies classified as reduced-size entities. The Public Prosecutor's Office, public administrations, and parliaments would also be exempt.
  2. It would add a rule to the Civil Procedure Act so that the court fee can never be included in the costs of the proceedings, that is, in what the losing party must pay the winning party.
  3. It would repeal the rule that allowed the court fee to be included in the award of costs, so that the other party cannot end up paying it.
  4. If passed, the law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • Individuals: They would no longer pay the court fee if the bill is passed.
  • Small and medium-sized businesses: They would be exempt from the fee as reduced-size entities.
  • Nonprofit entities: They would no longer pay the court fee.
  • Large companies: They would keep paying the fee, but could not pass it on through the costs of the proceedings.

Words worth knowing

Tasa judicial (court fee)
Money you must pay the State to file certain lawsuits in Spanish courts.
Costas del proceso (costs of the proceedings)
Trial expenses (lawyers, court representatives, fees) that the losing party usually pays.
Ley de Enjuiciamiento Civil (Civil Procedure Act)
The Spanish law that governs how civil lawsuits work.
Entidad de reducida dimensión (reduced-size entity)
A tax category for small and medium-sized companies under corporate income tax.
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. Introduced16 September 2016Someone registers the text in the Congreso.
  2. Admitted20 September 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 6 official steps on a timeline
Dec 2016Dec 2017Dec 201811. 16 September 2016: Presentación22. 20 September 2016: Boletín Oficial de las Cortes Generales Publicación desde 20/09/2016 hasta 23/09/201633. 20 September 2016: Calificación44. 23 September 2016: Gobierno Contestación desde 23/09/2016 hasta 13/12/2018 Nota: (Mesa 13/12/2016 - concluida - decaída por comunicación disconformidad Gobierno).55. 4 September 2018: Pleno Toma en consideración desde 04/09/2018 hasta 05/03/2019 Nota: (Nuevo criterio del Gobierno 19/07/2018).66. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 27/03/2019

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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