Newsletter September 2025 - First ruling endorsing certified email for sending a Confidential Binding Offer

Law 1/2025, on measures relating to the efficiency of the Public Justice Service

On April 3, 2025, an essential part of Organic Law 1/2025 on the Efficiency of the Public Justice Service came into force, namely the obligation to seek an agreement before initiating civil or commercial legal proceedings. To this end, it is necessary to prove that an attempt has been made to reach a prior agreement between the parties through the so-called Appropriate Means of Dispute Resolution (MASC).

And on July 18, 2025, the first ruling was issued endorsing the full legal validity of a confidential binding offer sent by certified email.

The Provincial Court of Alicante, which issued the ruling, validated the certified email as it met the requirements of Article 17 of Law 1/2025 by allowing the identity of the sender to be recorded, as well as proof of its effective receipt by the other party and the date of such receipt, and its content.

GESICO, a company specializing in debt collection, led this case, turning the Provincial Court's ruling into a pioneering legal recognition by equating certified email with any other traditional means of proving the delivery of a confidential binding offer.

INTERESTING, RIGHT?

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Xolido, an entity registered in the CNMC Register of Operators as an authorized provider of electronic communications services, certifies the electronic communications carried out.

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