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Asset Seizures

In the face of repeated defaults by Spain, creditors have identified more than 400 Spanish assets abroad, including real estate and financial assets that may be subject to attachment orders as a way to compensate those affected and reverse the situation they are suffering. These properties have an aggregate value of €5 billion.

The seizure and attachments of property and assets can be enforced through legal actions initiated in any of the 158 member countries that signed the ICSID Convention. So far, the affected companies have obtained favorable rulings in Australia, Belgium, the United States and the United Kingdom.

Below is a list of the measures authorized by different international tribunals:

  • Right to collect compensation for the Prestige disaster.In February 2023, the High Court of England and Wales approved the precautionary intervention of the right to collect the compensation that Spain expects to receive for the sinking of the tanker Prestige. This payment is valued at more than 900 million euros.
  • Headquarters of the Instituto Cervantes in London. In April 2023, the High Court of the British Isles also authorized the precautionary seizure of the property of the building that serves as the headquarters of the Instituto Cervantes in London. The property is located at 15-19 Devereux Road, in the heart of London. Real estate experts assign a market value of 5-10 million euros to the property.
  • Headquarters for the foreign promotion office of the Generalitat de Catalunya (ACCIÓ). Also in April 2023, the British Supreme Court moved against another real estate property, which in this case is located at number 17 Fleet Street, in the heart of the capital of the islands. Real estate experts assign the property a market value of 3-5 million euros.
  • Headquarters of the Vicente Cañadas International School. In August 2023, creditors hit by the Spanish government's non-payments succeeded in getting the British courts to authorize the seizure of the London headquarters of the Spanish Institute Vicente Cañada Blanch. The property occupies 317 and 318 Portobello Road in London. Within the property there are also some offices of the UNED and certain examination rooms of the Instituto Cervantes. Real estate experts put the property's market value at 10-15 million euros.
  • Four bank accounts. In November 2023, the London magistracy gave the go-ahead to the seizure of four bank accounts of the Kingdom of Spain. The funds deposited in these accounts amount to around 800,000 euros and are under the custody of the British subsidiary of Banco Santander.
  • Eurocontrol payments to Enaire. In the spring of 2024, the creditors asked the Belgian courts to confiscate the monthly payments of the European air traffic control operator, Eurocontrol, to the Spanish public company dedicated to this task, Enaire. At first, the claim was estimated at 32 million, being linked to the debt of the Infrared case. However, once the Belgian justice intervened Eurocontrol's payments to Enaire, it was revealed that the amount seized, corresponding to the service performed in June 2024, is over 80 million. This amount has been deposited by Spain in a bank account. Eurocontrol's payments to Enaire are close to 600 million per year.
  • AENA's participation in Luton. In July 2024, the British courts approved the seizure of the usufruct that AENA holds over 51% of Luton airport, although the court in the islands reduced the seizure to 26%, since only 51% of AENA is in the hands of the Spanish State, while the remaining 49% is listed on the stock exchange and is therefore privately owned. The annual profit of the aerodrome is around 100 million euros, so that the blow caused by this measure would be around 25 million euros per year. The creditors agreed with Spain to withdraw this seizure measure, in the spirit of continuing to negotiate a way out.
  • Technical default of 237 million of public debt. In April 2023, the companies concerned intervened in four sovereign debt bonds and invoked a clause that allows a technical default to be declared when a country defaults on its payment commitments. The flow of outstanding payments on these coupons is around €1 billion. After a one-year waiting period during which the Kingdom of Spain refused to comply with its obligations and even failed to respond to creditors, the procedure was launched in the United Kingdom, where between July and August 2024 the various pro-judicial notices were served that will allow this matter to be brought before the courts. It is estimated that the damage to the Spanish economy caused by this process exceeds 7,340 million euros, in terms of increased Treasury financing and deterioration of access to credit for the Spanish economy as a whole.

In addition to al lof the above, the High Court of Australia has fully recognized the debts owed by Spain to the claimants, opening the door to the seizure of assets. Throughout 2024, the Oceanic country's judiciary has authorized the examination orders that will allow the identification of Spanish assets on Australian soil.

Also, the U.S. judiciary issued a ruling in the fall of 2024 recognizing Spain as a debtor country. This judicial decision obliges the U.S. courts to treat arbitration awards as a judgment issued by the U.S. courts themselves, opening the door to new asset seizure measures.

The Saga