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Commercial Litigation

Commercial disputes argue business and law at once, and we speak both languages.

We will represent you at every stage of the proceedings up to judgment.

§ 1

Approach

A commercial court expects business arguments, and the procedural position is built for it from the first filing.

The right court

A business dispute does not always belong in the commercial courts, so jurisdiction will be the first thing we decide.

Each subject, with its own evidence

In challenges to resolutions, shareholder disputes, unfair competition or contract claims, we will prepare the evidence each case calls for.

A fixed price on large claims too

The bigger the matter, the more it is worth knowing from the outset what it will cost to see it through to judgment.

§ 2

Engagement

Claimant or defendant
We will represent you at every stage of the proceedings up to judgment.
€4,000 + VAT
Per court schedule

El importe exacto se cierra en la hoja de encargo antes de pagar, con los gastos previsibles incluidos. Si el encargo se alarga, no pagas más.

Aviso de costas

Este encargo incluye actuación ante los tribunales y, en un pleito, existe riesgo de condena en costas: si el juzgado te quita la razón, puede obligarte a pagar los gastos de la otra parte.

Si te la da, las costas son para ti. Como no dependen de nosotros, preferimos no tenerlas en cuenta: nuestro precio cerrado es el mismo tanto si se gana como si se pierde.

Costs warning

This engagement involves proceedings before the courts and, in litigation, there is a risk of an adverse costs order: if the court finds against you, it may order you to pay the other side's costs.

If it finds for you, the costs are yours. Because they do not depend on us, we prefer to leave them out of the equation: our fixed fee is the same whether the case is won or lost.

§ 3

Process

How the engagement unfolds

Initial Consultation

A 60-minute working session by video call in which we analyse your situation, your specific needs and our ability to help you. We assess whether we can take on the matter and give you the fixed price in advance. You can book it directly through the Google Calendar link on our website and pay €90 by Stripe.

Strategy Memorandum

Document produced once the engagement is accepted, setting out the agreed legal strategy for the matter. It specifies the procedural approach, the main arguments, the evidence to be deployed and the objectives of the proceedings. It is the roadmap for the case and the reference point for any subsequent tactical decision.

Mandatory Pre-Litigation ADR (MASC)

A step required before court proceedings under Organic Law 1/2025 on measures for the efficiency of the Justice Service. Comprises the choice of a reasonable alternative dispute resolution mechanism, suited to the specific case and genuinely aimed at settlement, not merely at satisfying the admissibility requirement.

Statement of Claim (demanda)

Drafting and filing of the document initiating proceedings, in which the client's claims are brought, the facts are set out with legal precision and the relief sought is grounded in the applicable law and case law. Signed and filed before the competent court, with the documentary evidence properly ordered and referenced.

Statement of Defence (contestación)

Drafting and filing of the defence against the claim brought by the opposing party. Analyses the claimant's pleas, raises the applicable procedural and substantive objections and sets out the client's legal position together with the evidence supporting it. Includes a counterclaim where appropriate.

Case Monitoring

Ongoing attention to the matter between the main steps: deadline control, procedural or administrative follow-up, response to requests for correction and management of court notifications. The client hears from us each time there is a development in the file, and never has to ask in order to know what is happening.

Pre-Trial Hearing (audiencia previa)

Preparation for and attendance at the pre-trial hearing in ordinary civil proceedings under article 414 of the Spanish Civil Procedure Act: resolution of procedural defects, final definition of the subject matter of the dispute, and the proposal and admission of evidence. This is the step that sets the perimeter of the debate at trial, and where much of the outcome is decided.

Trial Hearing (vista)

Preparation for and attendance at the trial hearing: organisation of the evidence, formulation of closing submissions and oral defence of the client's claims before the court. Includes prior analysis of the evidentiary outcome, adjustment of the argumentative strategy and management of the proceedings through to notification of judgment.

§ 4

Team

Who handles it

Guillermo Passas Varo, founding partner of PASSAS

I see legal practice as a discipline of precision. I work where the law meets technology and cross-border operations, and I read code and contracts with the same attention. Before accepting an engagement I tell you whether it is worth pursuing and what it costs, at a fixed price.

David Sánchez Lorenzo, of counsel at PASSAS

I work where economic law meets technology: litigation, contracts and artificial intelligence systems. I am drawn to the ground where the rules are still being written, and I have brought that same rigour to litigation since my first year in practice.

§ 5

Questions

What people ask before instructing this service

What do the Spanish commercial courts hear?

Disputes arising from business activity, among them shareholder disputes and challenges to corporate resolutions, unfair competition and certain commercial contracts. A dispute does not reach this jurisdiction simply because a business is involved, and establishing which court has jurisdiction is the first decision in the engagement.

How much does commercial litigation cost?

From €4,000 + VAT, at a fixed price agreed in the engagement letter before we begin. The exact figure depends on the amount at stake and the technical complexity of the subject matter, and never exceeds 20% of the amount in dispute. The fees of the procurador, the court agent required in Spanish proceedings, are folded into the fixed price once that appointment is made.

Does the service also cover me if I have been served with a claim?

Yes, at the same price and with the same scope. Being the defendant carries its own urgency, because the period for filing a defence in ordinary proceedings is twenty working days from service and cannot be extended. If you have already been served, the Virtual Consultation should be immediate.

My company is not Spanish. Can you still act?

Yes. Cross-border commercial disputes are part of the practice, and we work with clients in Spanish, English, German and French. Two practical points are worth knowing in advance: the proceedings themselves run in Spanish, so corporate and contractual documents in another language will need a sworn translation, and representation requires a power of attorney granted before a notary and apostilled, or granted electronically before the court.

What if I am being pursued as a director?

That is what Directors' Liability Defence is for, at the same price and with the same scope.

From what value is litigation worth pursuing?

With fees from €4,000 and a cap of 20% of the amount in dispute, this engagement fits when at least €20,000 is at stake. Below that figure, once legal fees, the procurador and the other expenses of the proceedings are taken together, the economic outcome rarely justifies the proceedings, and the sensible route is usually an out of court solution. If your situation fits, you can book a 60 minute Virtual Consultation for €90 (VAT included), deductible from the first invoice if we go on to accept the engagement.

Book your Virtual Consultation today.

Sixty minutes on Google Meet with a qualified lawyer. It costs €90 including VAT and will be deducted from the first invoice if an engagement follows.

Book a Virtual Consultation (€90)Tell us about your matter first

If you book, you will choose your lawyer and a time in Google Calendar. If you would rather tell us about your matter first, we will reply within 24 working hours.