Type of refusal
Non-delivery with a counterparty in Spain
Non-delivery in Spain means a supplier, platform, or intermediary has not handed over what was contracted for, often after going quiet. See related guidance on what to do when the counterparty stopped replying. Before any claim is prepared, the counterparty's legal status and asset location need confirming, and the same first checks apply across other non-delivery cases. The exact procedure for pursuing a claim depends on the facts of the case, not on general guidance here.
Who is actually on the other side
The counterparty in a Spanish non-delivery case is typically a private company, a branch of a foreign group, or an individual trading under a business name. Spain maintains a public commercial registry that records company status, registered address, directors, and insolvency filings. Before deciding how to proceed, it matters whether the counterparty is active, dissolved, or already in insolvency proceedings, and whether the contracting entity matches the entity that actually holds the asset. A registry check does not show where funds or goods currently sit, only whether the entity behind the contract still exists as a functioning company. Broader context on operating in this jurisdiction is set out in the Spain jurisdiction overview.
What to secure before the counterparty reacts
Before the counterparty adjusts its position, gather everything that fixes the obligation: the contract, payment confirmations, delivery instructions, and every message where a delivery date was promised or missed. Screenshot correspondence on platforms that can be edited or deleted later. Record the exact assets or funds that were supposed to be delivered, including account numbers, wallet references, or certificates named in the agreement. If the counterparty later claims the terms changed, compare it against the pattern described in how counterparties argue changed terms as a defence. None of this requires a court filing yet; it is preparation that determines whether a claim under refund and delivery claims can be evidenced at all.
Where a judgment would have to be enforced
Where a judgment would need enforcing depends on where it was obtained. Within the EU, a judgment from another member state is recognised in Spain without a separate exequatur procedure. Outside the EU, the 2019 Hague Judgments Convention applies to Spain since the EU's accession on 29 August 2022, in force from 1 September 2023. Documents produced abroad for enforcement fall under the Apostille framework, which Spain applies subject to a declared reservation, in force since 25 September 1978. Mechanics for enforcement into Spain and, in reverse, from Spain to the UK differ and sit on separate pages. This firm does not charge on a contingency basis, and its registration is checkable via the notes on verifying a law firm.