WRITTEN QUESTION E-1583/02 by Gerhard Schmid (PSE) to the Commission. Recognition of German notarial documents in Spain.
Date: 2002-06-04
Institutions: European Parliament, Provisional data
Subjects: Germany, Spain, application of EU law, freedom to provide services, land register, ownership, real property

C 51 E/4

Official Journal of the European Union

EN

26.2.2004

(2004/C 51 E/004)

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 (cid:1) 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.

2.

3.

Is the Commission aware of this situation?

Does it infringe European legislation?

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

Supplementary answer
given 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,
restriction of the freedom to provide services (Article 49 of the EC Treaty) in Spain.

the Commission concludes that

the information now received does not

indicate any

(2004/C 51 E/005)

WRITTEN QUESTION E-2367/02

by Ioannis Souladakis (PSE) to the Commission

(2 August 2002)

Subject: Illegal increases in insurance premiums

Insured persons have complained recently that private insurance companies have introduced excessive
increases in their insurance premiums by reformulating the terms of insurance contracts. The insurance
companies justify these excessive increases by arguing that they are the result of a more general crisis
affecting the stock market and investments.