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What it is

Bill to end court fees for small businesses and nonprofits

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 19 September 2016. Introduced by: Grupo Parlamentario Ciudadanos.

Official title: Private member's bill for the amendment of the court fee regime and the exemption of certain entities.

Source: Congreso de los Diputados, file 122/000027· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would repeal the court fees created by Law 10/2012 because, according to its explanatory statement, they are a disproportionate charge that ignores the financial situation of people going to court and can block access to justice.
  2. It would amend Article 4 of Law 10/2012 to expand exemptions from the court fee. Nonprofits under Law 49/2002, entities fully or partially 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 entities under that tax's rules would all be exempt.
  3. It would amend Article 241 of the Civil Procedure Law so that the court fee is not included in the costs of the case, unless the ruling finds the litigant acted recklessly.
  4. The law would take effect the day after its publication in the Boletín Oficial del Estado (official state gazette).

Who it affects

  • Individuals, who are already exempt.: No change for them: they would still not pay the court fee.
  • Nonprofits under the special tax regime of Law 49/2002.: They would stop paying court fees.
  • Small businesses and small entities under corporate income tax rules.: They would stop paying court fees.
  • Litigants who act recklessly.: They could end up paying the fee if the ruling declares their conduct reckless.

Words worth knowing

Tasa judicial (court fee)
Money that must be paid to start certain court proceedings.
Costas del proceso (costs of the case)
Trial expenses, such as lawyer and expert fees, usually paid by the losing party.
Temeridad del litigante (recklessness of the litigant)
When someone brings a claim with no basis at all or in bad faith.
Entidad de reducida dimensión (small entity)
A small company under the criteria of 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. Introduced19 September 2016Someone registers the text in the Congreso.
  2. Admitted27 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. 19 September 2016: Presentación22. 27 September 2016: Boletín Oficial de las Cortes Generales Publicación desde 27/09/2016 hasta 30/09/201633. 27 September 2016: Calificación44. 30 September 2016: Gobierno Contestación desde 30/09/2016 hasta 13/12/2016 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.