Spain - Class actions: litigation, policy and latest developments in 2023

Spanish legal framework on class actions in 2023
Spain - Class actions: litigation, policy and latest developments in 2023
November 6, 2023
Spanish law does not establish a specific procedure for collective actions. Instead, the Code of Civil Procedure (CCP) includes several specific rules that regulate some of the main procedural matters – for example, standing, competence, publicity and claim preclusion.

Dispersed and isolated rules related to different aspects of consumer collective actions coexist, generating legal loopholes and challenges in the implementation of those provisions. Aside from the above rules in the CCP, the main legislation on consumer collective actions can be found in:

  • the General Consumer and User Protection Act;
  • the General Contractual Conditions Act; and
  • the Unfair Competition Act

As in any member state, collective actions are shaped in Spain by European consumer protection law. In fact, on 20 December 2020, Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 (Directive 2020/1828) – on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC – entered into force. Spain has not yet transposed the directive (the deadline to do so is 25 December 2022). When it is transposed, the directive’s content may affect the current regulation on collective actions.

See complete chapter at: Global Competition Review (GCR). Class Actions Hubs, 06 December 2023.
November 6, 2023