España
Spanish Legal Framework on Collective Actions
The 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 (e.g., standing, competence, publicity and res judicata).
In this sense, dispersed and isolated rules related to different aspects of consumer collective actions coexist, as it will be explained below. Aside from the above-mentioned rules in the CCP, the main legislation regarding consumer collective actions can be found in:
> the Consumer Protection Act;
> the Act on General Terms and Contractual Conditions; and
> the Spanish Unfair Competition Act.
As in every Member State, collective actions are also shaped in Spain by European consumer protection legislation. In fact, on 20 December 2020, the European Directive ("EU") 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC entered into force. Spain has not transposed the directive yet (the term to do so expires on 25 December 2022) but its content may, to some extent, affect the current regulation on collective actions, as will be explained below.
Private Litigation Guide. Third Edition, November 2021.