Spain - Class actions: litigation, policy and latest developments in 2024

Currently, 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 (eg, 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 Consumer Protection Act;
• the Act on the General Terms and Conditions of Contracts; and
• the Spanish Unfair Competition Act.

On 20 December 2022, a preliminary draft bill for the Protection of the Collective Interests of Consumers was approved (the Preliminary Draft Bill), aimed at transposing into Spanish law 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. After being made available for public consultation, multiple interested parties made contributions, mostly concerning the opt-out system, legal standing and enforcement proceedings. However, its processing was suspended due to the dissolution of parliament and call for elections in 2023.

On 22 March 2024, a new draft bill (the Draft Bill) was published, replacing the Preliminary Draft Bill. Its content is substantially similar to that of the Preliminary Draft Bill, although it has incorporated some modifications following the proposals and objections raised against the Preliminary Draft Bill.

See complete chapter at: Global Competition Review (GCR). Class Actions Hub 2024/2025, 15 October 2024.