92002E1583(01)

WRITTEN QUESTION E-1583/02

by Gerhard Schmid (PSE) to the Commission

(4 June 2002)

Subject: Recognition of German notarial documents in Spain

It is my understanding that Spanish authorities repeatedly refuse to register deeds from German notaries with the Spanish Property Registry. The authorities refer in such cases to Resolution 3a Expte 166/99-B of 15 March 2002 of the Spanish Ministry of Justice (Ministerio de Justicia, Secretaria de Estado de Justicia, Dirección General de los Registros y del Notariado).

1. Is the Commission aware of this situation?

2. Does it infringe European legislation?

3. If so, what action does the Commission intend to take to rectify the situation?

Supplementary answergiven by Mr Bolkestein on behalf of the Commission

(5 November 2002)

After writing to the Spanish authorities, the Commission has received information from them that can be summarised as follows.

There are no formal requirements for transfers of ownership of property in Spain.

Registration of property ownership is voluntary in Spain, but highly recommended by the authorities as such registration provides publicity in relation to third parties.

Registration of a document established in Spain requires that the document is certified with public faith (Escritura Publica). Since 1999, in accordance with the Royal Decree 664/1999, Spanish authorities also register deeds from other Member States if they are certified with public faith from the Member States in question or otherwise fulfil the requirements for registration in those Member States.

The Spanish authorities require deeds from Germany to be certified by a German notary as this is a formal requirement under German law for registration of a document in Germany. Private documents from Germany without notary certification or otherwise public faith cannot be registered in Spain.

To summarise, according to the information received from the Spanish authorities, there is no evidence that Spanish authorities repeatedly refuse the registration of notary deeds from Germany. On the contrary, the Royal Decree in question provides for the registration of notary deeds from Germany.

Accordingly, the Commission concludes that the information now received does not indicate any restriction of the freedom to provide services (Article 49 of the EC Treaty) in Spain.