Are individuals exempt from judicial fees in Spain?

Yes. The Spanish Constitutional Court (STC 140/2016) declared judicial fees for individuals unconstitutional. Since 26 October 2016, no individual pays judicial fees in Spain.

How is the variable judicial fee calculated?

The variable fee is 0.5% on the claim amount up to €1,000,000, plus 0.25% on any excess, with a maximum cap of €10,000 (Art. 6 Law 10/2012). This is added to the fixed fee by process type.

When must the judicial fee be paid?

The fee must be paid before filing the initial pleading (complaint, appeal). Payment is made via AEAT Form 696. Failure to attach proof of payment is grounds for inadmissibility (Art. 8 Law 10/2012).

What other exemptions exist besides individuals?

Exempt: public bodies, the public prosecution, legal aid recipients, non-profits with legal aid benefit, workers and social security beneficiaries in labor courts, and certain financial entities in insolvency proceedings (Art. 4 Law 10/2012).

Derecho Procesal

Judicial Fee Calculator 2026

Legal entities: Law 10/2012. Form 696. Fixed fee + 0.5% claim amount.

Type of litigant

Legal entity

Company, association, foundation, etc.

Individual

Individuals: EXEMPT (STC 140/2016)

Court jurisdiction

Instance / appeal type

Claim amount (€)

€

If undetermined, use €18,000 (minimum legal amount)

Estimated judicial fee

Fixed fee: €300
Variable fee (0.5% up to €1M + 0.25% excess, cap €10,000): €0
Total judicial fee (Form 696): €300

The fee is paid via Form 696 (AEAT) before filing. Non-payment is grounds for inadmissibility (Art. 8 Law 10/2012).

Manage the case with Lexiel

Legal notice: Indicative calculation. Exempt: individuals (STC 140/2016), public bodies, public prosecution, legal aid, non-profits, workers/SS beneficiaries in labor courts. Fees regulated by Law 10/2012, as amended.

Legal basis: Arts. 6-7 Law 10/2012 of 20 November. Variable rates: 0.5% on amount up to €1,000,000 + 0.25% on excess (cap €10,000).

What is the judicial fee and who pays it?

The judicial fee is a parafiscal tax under Law 10/2012 payable by legal entities (companies, associations, foundations) before filing certain appeals and claims before the courts. The Constitutional Court (STC 140/2016) declared the fee for individuals unconstitutional; individuals are fully exempt.

Structure of the judicial fee

The fee has two components: (1) A fixed fee varying by court type and instance (e.g., €300 civil first instance, €800 civil appeal, €1,200 cassation); (2) A variable fee of 0.5% on amounts up to €1,000,000 plus 0.25% on excess, capped at €10,000.