Starting next March 20, companies will be able to receive demand notifications electronically, as established in Royal Decree-Law 6/2023, of December 19 (RDL 6/2023).
This decree introduces several legislative modifications, including some in the Civil Procedure Law (LEC), which will come into force on the day above.
Notifications of lawsuits to companies by telematic means.
One of the most notable modifications is the validity of the first location of legal entities by electronic means. This implies that companies must pay special attention to the notifications they receive in this way.
Previously, according to the consolidated doctrine of the Constitutional Court, the first summons could not be electronic but instead had to be physical and personal. However, as of March 20, 2024, the regulatory reform that allows notifications of claims by telematic means will come into force. Therefore, it is crucial that companies carefully review any messages they receive in this way.
It is vital to control the receipt of notifications through electronic means.
To adequately prepare, companies must coordinate and control the receipt of notifications through electronic means, such as the Single Enabled Electronic Address (DEHú) or other equivalent systems. This will prevent the company from being considered to have been notified, which could lead to consequences such as being declared non-compliant with the procedure.
In addition, it is recommended that companies ensure they have access to and registration in the Justice Folder and the various electronic judicial offices.
It is also advisable to configure an alert system in the Single Judicial Edictal Board, where notifications that the company has not accessed will be published within three days of the first telematic notification.
In conclusion, as of March 20, the obligation to control notification platforms is introduced to avoid losing defence opportunities due to ignorance that a notification has occurred.
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