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In Spain, the content of Directive 2003/98/EC of the European Parliament and of the Council of
17 November 2003 on the re-use of public sector information establishes principles generally
accepted and applied by legal doctrine and case law.
Among the objectives of the Judicial Documentation Centre (CENDOJ) of the General Council of
the Judiciary is the compilation and dissemination of case law of the Supreme Court, judgments of
the High Courts of Justice and Audiencias, as well as other court rulings which it is worthwhile
disseminating because of their importance and doctrinal interest.
To complete its work of compiling and disseminating case law, the CENDOJ relies on a system of
magistrates who are responsible for despatching judgments from all the courts in Spain, which
forward them in full each month, also pointing out which of those despatched are of greatest interest
in accordance with the criteria laid down in the Recommendations of the Committee of Ministers of
the Council of Europe to the Member States:
No R(83) 3 on the protection of users of legal data processing services;
No R(95) 11 on the selection, processing, presentation and storage of judgments in automated documentation systems.
Permanent Representation of Spain to the European Union
The judgments received (approximately 300 000 per annum) are processed in order to delete
personal data.
Once personal data has been deleted, the judgments are made available on an equal footing, with a
system of prices published on the web page.
Case law is made available to those who are interested in disseminating it, subject to payment of a
consideration. Those interested use the case law in drawing up their editorial products, after
incorporating the added value represented by their own work: summaries, standardisation by means
of a thesaurus, comments, establishment of links, relation to legislation quoted in the judgments,
etc.
There is no licensing system per se, although in general each applicant pays according to the
information which interests him. Some obtain all the judgments. Others, on the other hand, are
interested only in certain types of judgment.
Applicants select electronically the judgments of interest to them, and then place their orders. With
electronic access, only part of a judgment can be viewed, though enough for an applicant to assess
whether it is of interest.
The general charges for the re-use of documents are fixed by agreement by the General Council of
the Judiciary and are published on the CENDOJ web page. The prices are fixed at a set amount for
each judgment extracted. The unit price is lower if it is extracted as hard copy or in
image form than if it is extracted electronically. The price also increases if the search has been
refined by using the selection tool for judgments developed by the CENDOJ. An additional charge
is made for postage. Percentage discounts by order volume are applied to the final prices.
