Spain - Class actions

The Q&A provides an overview of the current and future legal framework for class actions in Spain, focusing on consumer protection matters. It covers topics such as the types of class actions and collective interests that can be brought, the legal standing and representation of claimants, the competent courts and jurisdictional issues, the remedies, and damages available, the interaction with regulatory enforcement, the funding and costs of class actions, and the settlement and judicial oversight mechanisms.

The questionnaire also explains the main differences between the current regime, which is based on various provisions of the Code of Civil Procedure and sectorial substantive rules, and the Draft Bill that aims to transpose the EU Directive on representative actions for the protection of the collective interests of consumers. The Draft Bill introduces a unified and coherent system of collective protection, with new procedural rules and requirements, such as the certification of the class, the opt-out mechanism, the disclosure of third-party funding, and the judicial approval of settlement agreements.

Also identifies some of the emerging business risks and focal points of class action litigation, such as competition law, unfair commercial practices, defective products, and ESG matters. 

See complete chapter at: The Legal 500 Class Actions Country Comparative Guides 2024. Legalease Ltd, 2024.