Class Actions Comparative Guide

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1 Legal framework

1.1 Is there a dedicated class action regime in your jurisdiction? If not, how is collective action typically brought?

Yes. While the Civil Procedural Act does not establish a comprehensive procedure specifically for class actions, it does set out particular provisions that apply to class actions. These provisions address key procedural aspects such as:

• active legal standing;
• publicity;
• intervention of consumers; and
• enforcement of judgments in class action cases.

The Civil Procedural Act serves as the primary legal framework for class actions in Spain, but it is supplemented by other specific laws that provide additional rules regarding class actions. Notable examples include:

• Royal Decree 1/2007 approving the Consumer Protection Act;
• Act 3/1991 on Unfair Competition; and
• Act 7/1998 on General Terms and Conditions.

Under the Civil Procedural Act, class actions are designed almost exclusively for the protection of consumers. Therefore, for a class action to be admissible, the dispute must concern a consumer matter and affect consumers collectively.

The absence of a comprehensive and dedicated class action procedure in Spain creates some uncertainty for all parties involved, which may partly explain why class actions have not proliferated in Spain to the same extent as in some other EU countries.

Spain is still in the process of transposing the EU Representative Actions Directive (2020/1828), which should have been implemented by December 2022. Although there have been several attempts to transpose the directive and a draft law was previously prepared, it lapsed at the end of 2024. On 14 March 2025, the Spanish Congress published a new draft bill on class actions for the protection of consumers and users' interests and rights, which is in the amendment phase. All of the answers in this Q&A on the draft bill are based on its wording as at 30 May 2025. If the regulation finally changes, this will be reflected in an updated version.

The current draft bill is identical to the previous draft that was ultimately withdrawn. It:

• provides for a specific procedure for class actions;
• continues to focus its applicability on consumer matters; and
• establishes an opt-out system (with some exceptions).

1.2 Do any special regimes apply in specific sectors?

No, Spanish law does not provide for different class action regimes depending on the sector. The main regulation on class actions is set out in the Civil Procedural Act, which includes rules on:

• legal standing;
• publicity;
• intervention;
• the effects of judgments; and
• the enforcement of judgments.

Certain regulations complement the rules established in the Civil Procedural Act, but there is no special regime for any particular sector. For example, there are specific rules on legal standing in Royal Decree 1/2007 approving the Consumer Protection Act.

1.3 Are the courts in your jurisdiction generally considered sympathetic to class actions?

The Spanish courts are often considered to be pro-consumer and some judges would welcome a more robust class action system which could help to reduce litigation in certain areas (eg, cases involving abusive clauses). However, courts often appear uncomfortable when dealing with class actions, as:

• Spain does not have a strong historical tradition of class action litigation; and
• the current legal framework lacks a dedicated procedure with comprehensive rules for class actions.

Instead, only a limited set of provisions exists, which is often insufficient for handling these types of proceedings effectively.

2 Parties

2.1 Who has standing to bring a class action in your jurisdiction?

The Civil Procedural Act distinguishes legal standing to bring class actions based on whether the consumers represented can be identified:

• If the harmed consumers are perfectly determined or easily determinable (referred to as 'collective interests'), legal standing is granted to:
• • consumers' and users' associations;
  • legally constituted entities whose purpose is to defend and protect consumers; and
  • the group of affected consumers themselves, provided that it is composed of the majority of those affected.
• If the harmed consumers are undetermined or difficult to determine (referred to as 'diffuse interests'), legal standing is granted exclusively to consumers' and users' associations that are considered representative under the law. A consumers' association is considered 'representative' if it belongs to the Consumers' and Users' Council, which is determined by factors such as:
• • the association's territorial presence;
  • the number of members; and
  • its track record in consumer protection activities.

Additionally, the public prosecutor has legal standing to bring class actions, regardless of whether the interests at stake are collective or diffuse.

Other Spanish laws complement the regulations foreseen in the Civil Procedural Act, as follows:

• Article 54 of the Consumers Protection Act grants legal standing to the National Consumers' Institute and the public prosecutor for prohibitory injunction actions. In addition, it extends legal standing for such actions to:
• • consumers' associations; and
  • entities authorised under EU law for the protection of consumers and users, provided that they are included in the list published in the Official Journal of the European Communities.
• Article 33 of the Unfair Competition Act grants legal standing to bring class actions (including claims for the declaration of unfairness, prohibitory injunctions, removal of effects and rectification of misleading information) to:
• • the National Consumers' Institute;
  • consumers' associations; and
  • entities authorised under EU law for the protection of consumers and users included in the list of the Official Journal of the European Communities.
• Article 16 of the General Terms and Conditions Act also establishes additional rules regarding legal standing. In addition to consumers' associations, the National Consumers' Institute, the public prosecutor and entities authorised under EU law, it also confers legal standing on:
• • the Chambers of Commerce and Industry; and
  • professional associations and corporations.

Under the current draft bill, legal standing to bring class actions is not distinguished based on whether collective or diffuse interests are involved. The draft bill grants legal standing to the following entities:

• the public prosecutor;
• consumers' and users' associations authorised for class actions. To be an authorised entity, an association must demonstrate that:
• • it has actively protected consumers' interests for at least 12 months prior to applying;
  • its primary purpose is the protection of consumers;
  • it operates as a non-profit entity;
  • it is not undergoing insolvency proceedings;
  • it is independent and free from third-party influence; and
  • it discloses its financial sources;
• public national or local consumers' authorities; or
• entities authorised under EU law for the protection of consumers and users.

2.2 Can representative bodies bring class actions in your jurisdiction? If so, which bodies may do so and what is the applicable procedure?

The public prosecutor has legal standing to bring class actions. In addition, other representative bodies, such as the National Consumers' Institute, have legal standing to initiate class actions. However, these bodies are limited in the types of claims they can pursue – specifically:

• they are not permitted to seek redress measures (eg, damages compensation); and
• may only request prohibitory injunctions.

2.3 Can parties outside the jurisdiction be members of a class action? What requirements and restrictions apply in this regard?

The Civil Procedural Act, the Consumers Protection Act and the General Terms and Conditions Act only grant legal standing to bring class actions to entities from other EU member states that are authorised under EU law and established for the protection of consumers' interests, provided that they are listed in the Official Journal of the European Communities. These entities may only bring actions for prohibitory injunctions, not for redress.

The draft bill expands legal standing to entities from other member states authorised to bring class actions under the terms set out in Directive 2020/1828, without limiting the types of actions they can file (both prohibitory injunction and redress actions).

2.4 Which parties may be the target of a class action? Can parties outside the jurisdiction be the target of a class action? What requirements and restrictions apply in this regard?

Since class actions are primarily designed to protect consumers, entrepreneurs and business-to-consumer companies are the parties with passive legal standing and may be targeted by class actions. In practice, large corporations are most frequently the defendants in these proceedings.

The jurisdiction of the Spanish courts does not require the defendant to be based in Spain; however, there must be a sufficient connection to Spain and Spanish consumers. For example, jurisdiction would be established if:

• the alleged harm occurred in Spain; or
• contracts were concluded with Spanish consumers.

2.5 Do class actions proceed on an opt-in or opt-out basis?

The current system under the Civil Procedural Act does not strictly follow either an opt-in or opt-out model. However, it is often described as an opt-in system, in line with the applicable rules and Spanish legal tradition, where opt-out systems are uncommon.

The Civil Procedural Act sets out a procedure to publicise class action proceedings, ensuring that consumers are informed of their existence (this does not apply to prohibitory injunction actions). The method of publicity depends on the types of interests involved:

• For collective interests, the claimant (eg, a consumers' association) must individually notify each potentially affected consumer about the intended class action, allowing them the opportunity to participate.
• For diffuse interests, the court determines the publicity measures once the claim is filed, typically through media announcements, so that consumers can join the claim. However, in cases involving diffuse interests, even if consumers do not join the claim after it is publicised, they may still request enforcement of a successful judgment, provided that they meet the criteria set out in the judgment.

In contrast, the draft bill establishes an opt-out system as the general rule, except for consumers residing abroad, for whom an opt-in system will apply. As an exception, the draft bill allows the court to implement an opt-in system, but:

• only at the court's discretion; and
• only if:
• • it is deemed advisable for the proper administration of justice; and
  • the amount claimed per consumer exceeds €3,000.

The period for consumers to opt out (or opt in, if applicable) ranges from two to six months and consumers may exercise this right via an electronic platform. Once this period has ended, the claimant must submit to the court a list of excluded (or included) consumers. After considering any objections from the defendant, the court will issue a resolution with the final list of excluded or included consumers (if the opt-in system ultimately applies).

3 Forum

3.1 In what forum(s) are class actions heard in your jurisdiction?

In Spain, jurisdiction over class actions depends on the subject matter of the case:

• Civil first-instance courts have jurisdiction over class actions involving general terms and conditions or product non-conformity; and
• Commercial courts are competent to hear class actions related to unfair competition practices or unfair advertising.

However, the draft bill (see question 1.1) proposes a change: under the new regime, all class actions, regardless of subject matter, will be heard exclusively by the civil first-instance courts.

3.2 Who hears class actions in your jurisdiction (eg, judges or juries)?

In Spain, civil cases are never heard by a jury. Class actions are heard at first instance by a single judge (applicable to both civil first-instance courts and commercial courts). On appeal, the case is reviewed by a collegiate court (provincial court) of three judges (or five, if the case is decided by the plenary of the provincial court). Ultimately, the case may reach the Supreme Court.

3.3 Is there any opportunity for class action forum shopping in your jurisdiction? If so, what are the implications?

In Spain, the general rule for filing a claim against a company is that the competent court is the court at the place where either:

• the defendant has its registered office (domicile); or
• the legal relationship in dispute arose, provided that the defendant has an establishment open to the public or a representative there.

However, in addition to this general rule, the Civil Procedural Act provides several other rules on territorial jurisdiction and there is no single rule that applies to all types of class actions.

The rules on territorial jurisdiction under Spanish law that have greatest relevance to class actions are as follows:

• In the case of injunctive actions on behalf of consumers (regardless of whether the interests at stake are collective or diffuse), jurisdiction lies with the court where the defendant has an establishment. If the defendant does not have an establishment, the court of the defendant's domicile will have jurisdiction. If the defendant has no domicile in Spain, jurisdiction will fall to the court where the plaintiff is domiciled.
• Regarding unfair competition, the competent court will be that at the place:
• • where the defendant has its establishment; or
  • if it does not have one, where the defendant has its domicile.
• If the domicile is not in Spain, the competent court will be that where the unfair practice took place or produced effects (at the choice of the claimant).

Additional rules apply in the event of joinder of actions. Therefore, some sort of forum shopping in Spain is possible, as the territorially competent court may vary depending on which actions are filed and against whom.

The implications of domestic forum shopping are limited, although depending on the case they could be relevant:

• Some courts may have more expertise, depending on the matter; and
• If individual claims similar to the class action have already been filed, the multiple territorial rules applicable could allow the claimant to bring the class action in the relevant court.

In any case, defendants are allowed to challenge the court's jurisdiction.

The draft bill (see question 1.1) establishes a clearer and unified regulation on the matter. It confers jurisdiction to hear class actions (regardless of subject matter) on the Spanish court:

• at the place where the defendant has its registered office (domicile); or
• in the absence of such domicile, where it has an establishment.

If the defendant does not have its domicile or establishment in Spain, the competent court will be that where the harmful conduct took place or produced or could produce its effects against consumers (at the choice of the claimant).

Regarding cross-border forum shopping, the rules on international jurisdiction may also be relevant (eg, Regulation 1215/20 or the Lugano Convention), especially considering that where the harmful event occurred or may occur can usually be located in different countries. When Directive 2020/1828 is finally transposed, other EU authorised entities will be able to bring class actions in Spain, as long as there is some connection with Spain and Spanish consumers. Therefore, it is foreseeable that some kind of forum shopping between EU member states may take place, depending on their regimes on key factors (eg, opt-in versus opt-out or regulation on third-party litigation funding).

4 Bringing a class action

4.1 What is the limitation period for bringing a class action in your jurisdiction? What requirements and restrictions apply in this regard?

Under the current Spanish regime, there is no specific limitation period for bringing class actions. The applicable limitation period depends on the specific matter of the class action.

For example:

• for product non-conformity, the limitation period is five years from the date on which the non-conformity becomes apparent;
• in cases involving unfair competition practices, the limitation period is:
• • one year from when the action could be filed; and
  • in any case, three years from when the unfair practice ended; and
• for class actions claiming injunctive measures, the action is not subject to statutory limitation (except regarding general terms and conditions, if the terms and conditions in dispute are included in the General Registry of Terms and Conditions, in which case the applicable limitation period will be five years).

The draft bill (see question 1.1) does not establish a general limitation period applicable to class actions. Therefore, if the draft bill is passed, the limitation period applicable to class actions will still depend on the matter at hand. However, the draft bill provides that the limitation period applicable to individual actions must be suspended if a class action is brought, with the suspension lasting until the consumer expresses their will to be excluded from the action. Although this is not expressly stated in the draft bill, it could be understood that the suspension of the statute of limitations will last until the period for opting in elapses without the consumer having expressed their will to be included, in case an opt-in system applies.

4.2 Do collective actions require certification? If so, what requirements must be met to obtain certification?

Under the current Spanish regime, there is no certification phase. For class actions, the same proceeding applies as for an individual action, but with some special rules (eg, in terms of legal standing, publicity or enforcement).

The Civil Procedural Act establishes in civil proceedings a preliminary hearing, which can take place in both individual and class action proceedings. However, the purpose of this preliminary hearing is not to certify any class action; instead, it is intended to:

• address and resolve specific procedural issues that may affect the proceeding; and
• propose the evidence to be presented during the trial.

The absence of certification has led to some inefficiencies, as was addressed in Supreme Court Judgment 408/2020, in which the court finally confirmed the impossibility of conducting an abstract control (required in the class action) of some of the clauses of the case.

As stated, the draft bill (see question 1.1) foresees a specific procedure for class actions, introducing a certification phase. The key points that will be discussed in the certification phase according to the current draft bill are as follows:

• when challenged by the defendant, the jurisdiction of the court, the legal standing of the claimant as authorised entity or any other matter that may affect the continuance of the proceeding;
• the appropriateness of the redress measures and their objective and subjective scope;
• the funding of the class action and the admission of third-party funding, where applicable;
• the homogeneity of the actions raised through the class action; and
• the foundation of the redress class action, as it is possible that the court will refuse certification if it considers that the redress class action is manifestly unfounded.

Therefore, according to the draft bill, certification of the class action will depend on the above issues, which should be addressed and resolved during the certification phase.

4.3 What are the formal requirements for bringing a class action?

Spanish class actions are subject to the same formal requirements as individual civil actions; there are no special or additional formalities that specifically apply to class actions.

4.4 What are the procedural and substantive requirements for bringing a class action? Do any minimum thresholds apply in this regard?

The Civil Procedural Act was recently modified to require that, prior to filing any claim (including class actions), the claimant must attempt some form of alternative dispute resolution. If the defendant refuses to participate, the claimant may proceed to file the lawsuit and the defendant's attitude will be taken into account when determining legal costs.

With respect to class actions specifically:

• there are currently few procedural or substantive requirements; and
• no minimum threshold applies.

If the class action is intended to protect collective interests, the main formal requirement is that the claimant must demonstrate that it has individually informed the potentially affected consumers of its intention to bring a class action, so that they have the opportunity to join and be represented.

If the class action is for the protection of diffuse interests, the main formal requirement is to publish the admission of the claim and its main facts in a communication medium (usually national or local newspapers, depending on where the unlawful conduct has had an effect). Additionally, if the claimant is a consumers' association, it must be representative – that is, it should be part of the Consumers' and Users' Council.

In both cases, the claim must be filed with the representation of a court agent and a lawyer.

Moreover, as under Spanish civil law the preclusion principle applies, the class action must clearly establish the factual and legal grounds of the claim. These grounds cannot be altered once the proceedings have commenced and the defendant has submitted its statement of defence. Additionally, due to the preclusion principle, all documentary evidence – including expert reports – should be submitted together with the initial claim. There are only a few exceptions that may permit the filing of expert reports after the claim has been lodged.

According to the draft bill (see question 1.1), in addition to the requirement that the claimant be an authorised entity, where the class action seeks injunctive measures, the claimant must first request that the defendant cease the allegedly unlawful conduct at least one month before initiating the class action. Therefore, unless otherwise provided, both if the current draft bill is passed and under the Civil Procedural Act currently in force:

• a prior out-of-court request issued to the defendant is necessary for class actions seeking injunctive measures; and
• an attempt at alternative dispute resolution is required for redress class actions.

Also, the draft bill is more specific regarding the content of a redress class action, as it establishes that the lawsuit must explain:

• the unlawful conduct;
• the consumers and users who should benefit from the class action or their characteristics;
• the causal link between the conduct and the damages claimed;
• the homogeneity of the actions raised;
• the specific redress measure sought; and
• a complete disclosure of the class action's funding sources, including any third-party funding, which must be identified (according to the draft bill, the funding agreement will be disclosed only if the court requests it).

4.5 How are potential class members notified of the proceedings? Is there a deadline by which they must join the class action?

Under the current Spanish legal system, consumers who may be affected are notified by different means depending on the nature of the interests at stake:

• If a class action is brought on behalf of collective interests, the potentially affected consumers must be individually notified by the claimant of their intention to bring a class action, so that they can decide whether to join the claim. During the proceedings, consumers who did not initially join the claim may still intervene, as there is no deadline for joining the claim.
• If the class action is brought on behalf of diffuse interests, potentially affected consumers will become aware of the class action once it has been filed, as the court will make the admission of the class action public through media outlets agreed upon by the court. During the publication period, the proceedings will be suspended to allow interested consumers to intervene in the class action. This suspension period cannot exceed two months. Once the suspension period has elapsed, no other potentially affected consumer will be able to intervene in the proceedings. However, in the event of a favourable judgment, any consumer (even those who did not intervene) who meets the criteria established in the judgment may request its enforcement by seeking recognition as a beneficiary of the judgment.

The draft bill regulates the publicity of the certification order issued by the court, as follows:

• It must be registered in the Register of General Terms and Conditions and Class Actions.
• It must be:
• • individually notified to potentially affected consumers; or
  • if individual notification is not possible, published in widely known media within the relevant geographical area.
• It must clearly specify:
• • whether the applicable system is opt-in or opt-out; and
  • the manner in which consumers can express their wish to be included in or excluded from the class action through the electronic platform.

The period for opting in or opting out, as provided in the draft bill, is between two and six months from the date on which the certification order is registered in the Register of General Terms and Conditions and Class Actions.

4.6 How is jurisdiction over the class action determined?

The international jurisdiction of Spanish courts is governed by:

• EU law;
• international treaties (if applicable); and
• domestic provisions.

As stated in question 3.3, there is no single specific rule regarding jurisdiction for class actions, except for injunctive class actions. Instead, the general jurisdiction provisions apply and jurisdiction will be determined based on the rules applicable to the specific claims brought.

4.7 How is the applicable law determined?

The applicable law will be determined according to the general regulations.

Considering that class actions under Spanish law are necessarily linked to consumer protection, if there is an international element to the case, the applicable law will be determined by the application of:

• the Rome I EU Regulation (regarding civil and commercial matters); and
• the Rome II EU Regulation (regarding non-contractual matters).

If EU law is not applicable, then the applicable law can be determined by international treaties (if any) and domestic law.

In Spain, there is a 'common' civil law, but some regions (eg, Catalonia) have specific regulations. Therefore, regarding internal law, the applicable law to a class action, as with any individual action, will be determined according to the domestic rules relevant to the underlying action.

4.8 Under what circumstances (if any) must security for costs be provided?

Under Spanish law, there is no provision requiring security for costs.

5 Disclosure and privilege

5.1 What rules apply to disclosure in your jurisdiction? Do any exceptions apply?

Although there is no discovery procedure similar to those in other countries, the Civil Procedural Act does provide mechanisms that allow parties to request certain documents and information.

First, the claimant can request the exhibition of documents or objects in a preliminary procedure if they are essential to prepare the claim (Article 256 of the Civil Procedural Act). One of the measures that the claimant can apply for is aimed at identifying consumers who may be affected, enabling them to carry out the individual notifications required where the class action is for the protection of collective interests.

Another mechanism is Article 328 of the Civil Procedural Act, which also applies to individual proceedings. According to this provision, each party may request that the other parties produce documents that:

• are not available to the requesting party; and
• are relevant to:
• • the subject matter of the proceedings; or
  • the effectiveness of the evidence.

When requesting documentation or information, the requesting party should provide a simple copy of the requested document if possible; if not, the request must describe the documents as precisely as possible. The courts assess the proportionality and usefulness of the request to prevent what is commonly known as a 'fishing expedition', which is not permitted. Additionally, case law has established that the document production regulated by Article 328 of the Civil Procedural Act:

• refers only to pre-existing documents; and
• does not allow requests for the creation of new documents containing the required information.

If there is an unjustified refusal to produce documents requested under Article 328 and accepted by the court, the court may give evidentiary value to the version of the document's content provided by the requesting party.

The Civil Procedural Act also provides for access to sources of evidence in the case of the private enforcement of competition law infringements only (Articles 283 and following). However, the draft bill also provides the same mechanism for class actions, to allow the parties to request any evidence they deem necessary to the case, provided that the request is proportionate.

5.2 What rules on third-party disclosure apply in your jurisdiction? Do any exceptions apply?

The Civil Procedural Act regulates third-party disclosure in Article 330. The rules governing the production of documents by third parties are more restrictive than those applicable to the parties themselves: the court will grant requests for third-party disclosure of documents if those documents are considered relevant to the judgment. Furthermore, the Civil Procedural Act specifies that individuals who own the legal relationship in dispute or who are the cause of it are not considered third parties for these purposes, even if they are not formally parties to the proceedings.

The Civil Procedural Act also provides for access to sources of evidence in the case of the private enforcement of competition law infringements only (Articles 283 bis and following). However, the draft bill also provides the same mechanism for class actions, to allow the parties to request any evidence they deem necessary to the case, provided that the request is proportionate.

5.3 What rules on privilege apply in your jurisdiction? Do any exceptions apply?

In Spain, under the Organic Act on the Right of Defence, all communications between a lawyer and their client are confidential and may be intercepted only under the conditions established by law (in particular, when a court orders such intervention within the context of a criminal investigation).

Communications between the lawyers of the parties regarding the subject matter of a proceeding (even if the proceeding has not yet commenced) are also considered confidential under Spanish law and cannot be used as evidence, except in the following cases:

• They have been obtained in accordance with the Criminal Procedure Act;
• The Bar Association has authorised their disclosure in a specific proceeding; or
• The lawyers have expressly agreed or warned that communications between them may be disclosed.

Additionally, following the recent amendment to the Civil Procedural Act by Organic Act 1/2025 on measures to improve the efficiency of the public service of justice, communications between lawyers or those made in the context of alternative dispute resolution methods may be disclosed for the purpose of determining costs (essentially, to avoid payment of costs where the defendant has refused an invitation to negotiate or to participate in alternative dispute resolution).

5.4 What are the specific implications of the rules on disclosure and privilege in class action proceedings?

The applicable rules on disclosure and privilege in class action proceedings are the same as those that apply to the individual claims referred to in questions 5.1–5.3.

The draft bill (see question 1.1) specifically refers to access to sources of evidence within the scope of class actions. Access to sources of evidence is already regulated in the Civil Procedural Act, but only for private enforcement claims based on competition law infringements.

The draft bill establishes that the claimant and the defendant can request the court to order other parties or third parties to exhibit evidence deemed necessary. The request must be proportionate to:

• the interests at stake;
• the facts and evidence supporting the class action;
• the costs of gathering and filing the evidence requested; and
• the confidentiality of the information.

In any case, some measures can be ordered to preserve the confidentiality of the information, if needed.

6 Evidence

6.1 What types of evidence are permissible in your jurisdiction? Is expert evidence accepted?

The Civil Procedural Act regulates the following types of evidence, including expert evidence:

• examination of the parties, although a party cannot request its own interrogation. In cases with co-defendants, one may only request the examination of another if there are conflicting interests between them;
• public and private documents;
• expert evidence, where scientific, artistic, technical, or practical knowledge is required to resolve the case. Legal expert evidence is not permitted, except where the applicable law is not Spanish law; in such cases, the relevant foreign law must be proven;
• judicial inspection of a place, object or person;
• examination of witnesses; and
• any means of sound, image or data reproduction.

However, this is not an exhaustive list, as the Civil Procedural Act allows the court to admit any other type of evidence that may help to establish the relevant facts of the case.

6.2 What is the applicable standard of proof in your jurisdiction?

In contrast to criminal proceedings, where the standard of proof is traditionally 'beyond any reasonable doubt', in civil litigation the standard of proof is lower, although the law does not specify the exact degree of proof required.

When reaching its decision, the court must clearly explain in the judgment:

• how it evaluated the evidence; and
• which facts are considered proven, whether by direct or indirect evidence (ie, where the court infers a fact from another that has been admitted or proven, provided that there is a specific and direct relationship between them).

6.3 On whom does the burden of proof rest in class action proceedings?

Under Spanish law, there is no specific rule exclusively applicable to class action proceedings regarding the burden of proof.

The general rules are set out in Article 217 of the Civil Procedural Act:

• The claimant and counterclaimant bear the burden of proving the facts alleged in their claims on which they rely; and
• The defendant bears the burden of proving facts that prevent, nullify or weaken the legal effectiveness of the facts alleged in the claim (ie, it must prove the facts alleged in its statement of defence).

To moderate the burden of proof, the court must consider, when evaluating the evidence, the availability and ease of proof for each party.

There are also special rules on the burden of proof where the claim concerns:

• unfair competition;
• misleading advertising; or
• sexual or gender discrimination.

The rules on the burden of proof serve to determine which party must bear the consequences of a lack of evidence regarding a particular fact.

The draft bill (see question 1.1) does not establish any specific regulation on the burden of proof applicable solely to class actions. There is only one specific rule regarding evidence (in addition to the provision on access to sources of evidence referred to in question 5.4), which applies to prohibitory injunction class actions. The draft bill provides that in injunctive class actions, the claimant need not prove:

• the malice or negligence of the defendant; or
• the damages suffered by consumers.

6.4 What are the specific implications of the rules on evidence in class action proceedings?

Although there is no specific rule on evidence in class actions, courts usually consider consumer associations to be the weaker party compared to the large corporations that are often targeted. In some cases, this can result in practice in a partial (and unjustified) reversal of the burden of proof.

7 Settlement

7.1 Can the class action proceedings be discontinued without a full trial? If so, how, and what are the implications?

Proceedings may be discontinued without a full trial in two scenarios:

• The parties request a suspension of the proceedings – for example, to pursue settlement negotiations. If these negotiations are unsuccessful, the claimant must request the resumption of the proceedings; otherwise, the case may eventually become time barred (specifically, if the proceedings are effectively suspended for two years without any action from the claimant).
• The dispute concerns only legal issues and not factual ones, and no personal evidence has been admitted by the court. Given the significance of class actions, it is uncommon for a case to conclude at the preliminary hearing stage (without holding the hearing); but from a procedural standpoint, this is possible.

7.2 Is court approval of the settlement required? If so, what factors will the court consider in this regard?

The current Civil Procedural Act does not establish specific rules on settlement for class actions. Therefore, the general rules of Articles 19 and 20 of the Civil Procedural Act apply:

• The parties are entitled to:
• • settle and withdraw the proceeding; or
  • submit the dispute to alternative dispute resolution.
• The settlement will be allowed unless:
• • it is prohibited by law and with some limitations for reasons of general interest; or
  • it affects third parties.
• A settlement can be private or public if the parties want the settlement to be approved by the court.

In class actions:

• the subject matter can be settled; and
• there is no rule establishing the need for the settlement to be analysed and approved by the court.

In principle, a private settlement is thus possible; although in practice, this seems difficult, as the claimant may have to waive or withdraw the class action (depending on the terms of the settlement). The court will have to evaluate that waiver and consider whether it negatively affects consumers' general interests, so the existence of the settlement may eventually become public.

In contrast, the draft bill regulates the possibility of ending the proceeding with a settlement and expressly requires its approval by the court (therefore, if the draft bill is passed, private settlements will no longer be possible in class actions). The application for approval of the settlement must include:

• the amount to be paid to each category of affected consumer (or any other agreed redress measure);
• the total amount granted as damages compensation;
• the distribution criteria; and
• the amounts that will correspond to the third-party funder or the claimant's lawyer (if any).

The parties must explain why the settlement proposed to the court should be considered fair and reasonable.

The court will approve the settlement unless it:

• is prejudicial to consumers' rights;
• goes against imperative rules; or
• is subject to conditions that cannot be fulfilled.

If that is the case, the parties may be able to change the settlement so that it can be approved by the court.

If the settlement is reached after certification of the class action, the settlement will be binding on consumers who did not opt out or who opted in (if the opt-in system is applicable to the case). When the settlement is reached before the class action certification, the court should analyse whether the class action would have been certified; if that is the case, the settlement proposal will be published and individually notified to the consumers (if possible). Consumers will have to express their wish to opt out or opt in regarding the settlement through an electronic platform.

8 Court proceedings

8.1 Are court proceedings in your jurisdiction public or private? If the former, are any options available to the parties to keep the proceedings or related information confidential?

Under Spanish law, proceedings are public and their public nature is part of the fundamental right to defence, as stated in Article 24 of the Constitution: "Everyone has the right ... to a public proceeding without undue delays." The public nature of the proceedings implies that anyone can attend the hearings as a member of the public, unless the court rules otherwise. However, this does not mean that everyone can access the documents and information related to the case.

Therefore, there are exceptions and limitations to the general principle of publicity. The court can limit the publicity of a proceeding or order that all or part of the proceeding remain confidential where public order or the protection of the rights and liberties of citizens merits such measures.

Additionally, it is possible to request the confidentiality of hearings, documents or resolutions rendered by the court when business secrets or other types of confidential information are discussed. In such cases, Spanish law establishes measures to protect confidential information, and some courts have implemented secrecy protocols that can be applied when the proceedings may involve the disclosure of confidential information.

8.2 What approaches do the courts typically take to class action proceedings? Are preliminary issues commonly tried first, or are test cases commonly heard? What are the implications of these different approaches for the proceedings?

Spanish courts often approach class actions in the same way as individual cases, as the proceedings are essentially the same with a few particularities (see question 8.3 regarding the proceedings).

Given the significance of these types of actions (not only economically but also in terms of coverage) and the interests at stake, courts are often more reluctant to resolve procedural issues at the very beginning of the proceedings. They prefer to address all issues (factual, procedural and material grounds) in the judgment.

A few courts are more open to addressing procedural issues specific to class actions in preliminary hearings or even in specific and incidental hearings if requested by the parties, although this cannot be considered the general approach to class actions. However, addressing procedural issues before continuing with the proceedings may improve their efficiency, as the court can decide on these issues early on and may choose to close the case or proceed with it, allowing the parties to focus on the merits of the case.

8.3 How do class action proceedings unfold in your jurisdiction?

Spanish class actions currently follow the same procedural steps as other individual civil proceedings. Under the Civil Procedural Act, two different types of proceedings may apply to class actions.

Ordinary proceeding: This applies where:

• the subject matter of the claim falls under one of the matters listed in Article 249 of the Civil Procedural Act – including, among others:
• • class actions concerning general terms and conditions; or
  • claims based on unfair competition acts and misleading advertising; or
• the amount claimed exceeds €15,000.

The court proceeding begins with the filing of the claim before the competent court (note that the claimant must first have attempted alternative dispute resolution). The competent court then conducts a brief assessment of its jurisdiction and, if it considers itself competent to hear the dispute, admits the claim and orders the defendant to be summoned. Once the defendant has been summoned, it has:

• five business days to appeal the admission of the claim without suspensive effect (this appeal concerns only formal requirements, not the merits of the case); and
• 10 days to challenge the court's jurisdiction or objective competence (with suspensive effect).

If the defendant does not challenge the court's jurisdiction, it has 20 business days to file its statement of defence.

When the statement of defence is filed, the court schedules a preliminary hearing, at which the parties and the court can:

• address specific procedural issues (eg, the parties' capacity, the existence of res judicata or lis pendens);
• make any additional or new allegations;
• establish the main facts on which the parties agree or disagree;
• propose the evidence that they wish to present at trial; and
• set the date for the hearing (unless the dispute is purely legal, in which case a hearing is not necessary).

During the hearing, the personal evidence admitted at the preliminary stage (ie, examination of the parties, witnesses or experts) will be presented. Afterwards, the parties make their final arguments evaluating all the evidence.

Summary proceeding: This applies where:

• the subject matter of the claim is one of those listed in Article 250 of the Civil Procedural Act (including, among others, class actions seeking a prohibitory injunction); or
• the amount claimed is €15,000 or less.

In the case of a summary proceeding:

• the deadline for filing the statement of defence is only 10 business days (the same period applies to challenges to the court's jurisdiction); and
• only a single hearing is held.

Therefore, once the statement of defence is filed, the court schedules the hearing, which combines what would be the preliminary hearing and the trial in an ordinary proceeding. The parties must attend this hearing with all the personal evidence (in addition to documentary evidence) that they wish to present, although the court may decide not to admit it. Once the evidence is admitted and presented, the parties may have the opportunity to make their final arguments.

Once the first-instance judgment is rendered, the parties can file an appeal before the Court of Appeals, based either on procedural grounds or on the merits. The judgment can also be appealed before the Supreme Court.

Where the interests represented by the claimant are diffuse, any potentially affected consumer can ask the court for recognition of their status as a beneficiary (even if the consumer decided not to intervene in the proceeding) once the judgment becomes final and binding. The defendant can make allegations regarding the beneficiary's status and, if the court recognises the consumer as a beneficiary of the judgment, they will be able to enforce it.

8.4 What is the typical timeframe for class action proceedings?

There is no specific data on the duration of Spanish class actions proceedings. According to the most recent statistics, the average duration of civil proceedings at first instance is between:

• nine months (in cases before the civil first-instance courts); and
• 14 months (in cases before the commercial courts).

The average duration of proceedings at second instance is 12 months. The average duration before the Supreme Court is:

• 18 months for admission of the appeal; and
• 24 months after admission for rendering the judgment.

Considering the workload of some courts and the complexity that often arises in

8.5 Is the decision issued in class action proceedings binding on all members of the class?

Considering the current regime, the answer to this question is not as obvious as it might seem.

According to Article 221 of the Civil Procedural Act, where a redress class actions is brought on behalf of collective interests, the judgment should identify the consumers that will benefit from the judgment. If the class action is on behalf of diffuse interests, the judgment must establish the main characteristics of the consumers to be considered beneficiaries of the judgment.

Where the judgment declares the unlawfulness of certain conduct, it must establish whether this declaration should have general effect.

Moreover, according to Article 222.3 of the Civil Procedural Act, a judgment rendered in a class action proceeding will be res judicata with regard to third parties.

However, case law has severely limited the interpretation of these two provisions, as the publicity system foreseen in the Civil Procedural Act for class actions is considered insufficient to justify this extension of the effects of the judgment to third parties, especially if the class action is dismissed.

The relevant judgments interpreting those provisions are:

• Judgment 148/2016 of the Constitutional Court (ES: TS:2016:148);
• Judgment 123/2017 of the Supreme Court (First Chamber) (ES:TS:2017:477); and
• Judgment 367/2017 of the Supreme Court (First Chamber) (ES:TS:2017:2244).

As a result of this case law, the judgment will essentially have res judicata effect only in relation to those consumers who joined the claim:

• Consumers who can be determined or who are easily determinable but who did not join the proceeding will not be affected by the res judicata effect.
• Consumers who cannot be determined and who did not join the claim will not be affected by the res judicata effect and will be able to exercise their individual rights, either:
• • by applying for recognition of their status as a beneficiary of the judgment; or
  • by means of individual proceedings.
• Judgments upholding class actions will create a sort of rebuttable presumption in favour of the claimants in their individual actions.
• A judgment rendered in a class action proceeding will have res judicata effect in a class action initiated subsequently by another association, provided that such subsequent proceeding has the same object and is directed against the same defendant as the first one. It remains unclear whether this res judicata effect will also apply if the first class action was dismissed.

The draft bill (see question 1.1) establishes clearer rules on the binding effect of a class action judgment, providing that the res judicata effect of a final judgment will affect the consumers referred to in the certification order (even if they were not individually identified). In case of an opt-in system, res judicata effect will apply to the consumers who opted in. According to the draft bill, the res judicata effect will also apply to subsequent redress class actions, even if they are brought by a different plaintiff.

9 Remedies

9.1 What remedies are available in class actions in your jurisdiction?

There is no exhaustive list of remedies available in class actions. However, the remedies that may be sought include both injunctive and redress measures, depending on the applicable regime.

The draft bill (see question 1.1) clearly distinguishes between injunctive class actions and redress class actions.

• Prohibitory injunctive class actions: The claimant may request:
• • an order requiring the defendant to cease the unlawful conduct;
  • a prohibition against future repetition of the conduct, even if the conduct has already ceased at the time of filing the claim or during the proceedings, provided that there is a reasonable fear of recurrence;
  • a declaration that the conduct is contrary to consumer protection laws; and
  • publication of the judgment in the media or publication of a rectification by the defendant.
• Redress class actions: The claimant may request, among other possible remedies:
• • compensation for damages;
  • repair or replacement of the products;
  • reimbursement of the price paid;
  • termination of the contracts; or
  • a price reduction.

According to the draft bill, a single class action may seek both injunctive and redress measures jointly.

9.2 Are punitive damages awarded in your jurisdiction?

No, punitive damages are not allowed under Spanish civil law, as the compensatory principle is applied.

In fact, the draft bill (see question 1.1) expressly bans punitive damages.

9.3 What factors will the courts consider in deciding on the quantum of damages?

The Civil Procedural Act does not establish any specific method for quantifying damages and neither does the draft bill.

Under Spanish civil law, compensation for damages includes:

• actual (emerging) damages;
• loss of profits; and
• non-material damages.

As there are no specific rules or determinative factors on the quantum of damages and punitive damages are not allowed:

• the parties usually submit expert reports to demonstrate the damages suffered and its amount; and
• the courts sometimes additionally consider previous similar cases in case law to assess the quantum of damages claimed and its proportionality.

9.4 How are damages allocated among the members of the class?

Under the Civil Procedural Act, there is no specific rule on the distribution of damages between members of the class. Therefore, damages will be allocated following what the judgment orders.

From a practical and procedural perspective:

• the defendant may voluntarily pay the total amount awarded in the judgment; and
• the consumers identified in the judgment may:
• • request payment of what they are entitled to under the judgment; or
  • if payment is not made voluntarily, file an enforcement claim.

If the class action was brought on behalf of diffuse interests, once the judgment is final, consumers may apply to be recognised as beneficiaries. If the court recognises them as beneficiaries, the defendant will be required to pay damages as specified in the judgment.

The draft bill provides for clearer regulation regarding the allocation of damages. The distribution of damages among consumers will follow the terms set out in the judgment, but for this purpose, a liquidator will be appointed. Accordingly:

• the defendant must pay the total amount established in the judgment; and
• the liquidator will distribute the damages compensation among the consumers who apply for it through the electronic platform, if they are entitled to compensation.

If the amount paid is insufficient, the liquidator may request the court to increase it; conversely, if there is any remaining amount, it will revert to the defendant.

10 Appeals

10.1 Can the court's decision in the class action be appealed? If so, on what grounds and what is the process for doing so?

Yes, the judgment rendered in a class action proceeding can be appealed before the Court of Appeals (unless the amount claimed is less than €3,000, which is unlikely in a class action proceeding).

The appeal against the first-instance judgment must address the arguments of the judgment, based on procedural, factual, or substantive grounds that have already arisen at first instance (under Spanish law, mutatio libelli is prohibited). The appeal must be filed before the Court of Appeals within 20 business days of notification of the judgment (unless clarification of the judgment is requested by the parties, in which case the 20-day period is suspended). Once the appeal is admitted, the opposing parties have 10 days to file their opposition to the appeal (and may also file their own appeal, in which case the original appellant will also have 10 days to file its opposition).

Additionally, a second-instance judgment can be appealed before the Supreme Court (although the admission criteria for these appeals are very restrictive). To file an appeal before the Supreme Court:

• certain formal requirements must be met (eg, the appeal must not exceed 25 pages and the font must be Times New Roman 12pt); and
• the grounds for appeal are stricter. The appeal must demonstrate what is known as 'cassational' interest – that is:
• • the case is relevant because there is no Supreme Court case law on the matter; or
  • the second-instance judgment appears to contradict existing case law.

The appeal must be based on substantive or procedural grounds; factual considerations cannot be appealed unless the second-instance judgment contains a manifest and immediately verifiable error in assessing the evidence.

Once the appeal is filed, the Court of Appeals will refer the parties to appear before the Supreme Court. At that point, the opposing party may appear before the Supreme Court to present arguments against admission of the appeal.

If the appeal is ultimately admitted (or partially admitted) by the Supreme Court, the opposing parties must file their opposition within 20 business days.

The draft bill (see question 1.1) establishes a specific procedure for handling class actions, providing that judgments and relevant resolutions, such as the certification order, may be appealed before the Court of Appeals. Judgments on the merits rendered in class action proceedings may always be appealed before the Supreme Court. The draft bill does not set out a specific process for filing these appeals (so the general rules apply); but under the draft bill, these appeals will receive preferential processing.

11 Costs and fees

11.1 What costs and fees are incurred when litigating in your jurisdiction? Can the winning party recover its costs?

In Spain, the costs incurred when litigating generally include the following:

• lawyers' fees;
• court agent fees;
• experts' fees;
• interpretation and document translation fees (if needed);
• compensation for witnesses (if any);
• appeal fees (€25 or €50, depending on the appeal); and
• the costs of publishing certain resolutions, when required.

Spain applies the 'loser pays' rule, unless:

• the losing party has been granted free legal assistance; or
• the court finds that there are serious factual or legal doubts.

The Spanish regulations on costs were recently modified by Organic Act 1/2025, which introduced the following exceptions to the 'loser pays' rule:

• A party that unjustifiably refuses to participate in an alternative dispute resolution mechanism cannot be reimbursed for costs; and
• A party that requests the application of such a mechanism cannot be ordered to pay costs (unless there is evidence of abusive use of the public justice system).

Consumers' associations are entitled to legal aid according to the Second Additional Provision of Law 1/1996 on free legal assistance. Therefore, even if a class action is dismissed and the judgment orders the consumers' association to pay costs, it will not be required to pay costs to the defendant.

In any case, reimbursable costs are limited under the Civil Procedural Act, unless the judgment declares that the losing party acted recklessly. In such cases, the losing party must reimburse costs according to the following rules:

• For lawyers and other professionals who are not subject to a legal fee scale, the losing party will be required to pay an amount not exceeding one-third of the value of the proceedings. If the proceedings do not have a quantifiable value, the reference amount will be €24,000.
• For court agents and other professionals subject to a legal fee scale, the reimbursed costs will be the amount resulting from the application of that scale.

The draft bill (see question 1.1) does not make substantial changes to the cost regime in class action proceedings. The most notable change is that certain additional costs arising in these proceedings are now also considered reimbursable, such as:

• the costs of the electronic platform; and
• the costs of notifying or publishing the certification order.

In case of a judgment upholding a redress class action without identification of the affected consumers, the defendant that voluntarily pays the amount granted into the court bank account must also deposit, where appropriate, a provision for costs.

The draft bill has been criticised for not establishing specific rules on costs in class action proceedings. Although it allows class actions to be funded by third-party litigation funders (see question 12.3), consumers' associations continue to benefit from free legal assistance. As a result, it remains difficult for defendants to recover costs, even if the judgment orders the claimant to pay them.

11.2 How are the costs and fees allocated among the members of the class?

Under the Civil Procedural Act, costs and reimbursement can only be granted to the parties. Therefore, under the current regime, it is only possible to grant costs to those consumers who have individually joined the class action. Otherwise, costs will be granted to the claimant (eg, the consumers' association) or to the defendant. The one-third limit referred to in question 11.1 applies to each party granted reimbursement of costs.

In the draft bill, since individual intervention by consumers is not permitted, costs will always be granted to the parties.

In conclusion, any agreements (if any) reached between the claimant and the affected consumers regarding costs do not affect the defendant.

11.3 What happens if the claim of a class member is withdrawn before the proceedings have terminated?

A class action is a single claim filed by any person with legal standing to represent the rights and interests of consumers. Individual intervention by consumers is allowed under the Civil Procedural Act, but such intervention should be included in the claim filed by the first claimant.

Nevertheless, the general rule under the Civil Procedural Act is that if the claimant withdraws the claim after the defendant has been summoned, costs are typically imposed – especially if the proceedings are at an advanced stage (the defendant is given a period to consent to or oppose the withdrawal).

The draft bill (see question 1.1) provides only that in the event of withdrawal of the claim by the authorised person, the court must evaluate all circumstances and arguments for withdrawing the claim in order to decide on the imposition of costs.

11.4 Do the courts manage costs during the proceedings?

Under the Civil Procedural Act, the parties are responsible for managing their own costs during the proceedings.

If the judgment or any other court resolution awards costs to any of the parties, they cannot request the recovery of those costs until the resolution granting them is final and binding. Therefore, until the end of the proceedings (or the incident, if the resolution granting costs is not the final judgment), the parties will be unable to apply for cost recovery (subject to the limitations already outlined in question 11.1).

11.5 How do the courts assess the costs and fees at the end of the proceedings?

The party or parties granted the right to recover costs may file a request for the recovery of costs, together with evidence of the costs paid. The opposing party may object to the costs claimed, in which case the court will decide the matter. If the disputed costs concern lawyers' fees, the court will request an opinion from the bar association.

12 Funding

12.1 Is legal aid available for class actions in your jurisdiction? If so, what requirements and restrictions apply in this regard?

Yes, legal aid is available in Spain. Under Law 1/1996 on free legal assistance, all natural persons are eligible for legal aid (legal aid for legal persons is available only to certain entities, such as foundations).

Legal aid is granted where the assets and income of the applicant do not exceed the thresholds established in Articles 3 and 5 of Law 1/1996. Depending on the circumstances, the beneficiary of legal aid may be exempt from paying:

• court fees;
• lawyers' and court agents' fees; and/or
• experts' fees.

Regardless of their assets or funding sources, consumers' associations in Spain are legally entitled to free legal assistance under the Second Additional Provision of Law 1/1996.

This is particularly relevant if the draft bill (see question 1.1) is passed, as it does not propose any changes to legal aid, even though third-party litigation funding will be permitted.

12.2 Are contingency fees and similar arrangements permitted in your jurisdiction? If so, what requirements and restrictions apply in this regard?

Yes, contingency fee arrangements are valid (they were previously prohibited, but the Supreme Court declared this prohibition null and void). Spanish law does not establish specific requirements or restrictions for contingency fees.

12.3 Is third-party funding permitted in your jurisdiction? If so, what requirements and restrictions apply in this regard?

In Spain, third-party funding is not currently regulated, so there is no relevant case law on the matter. As it is not prohibited, third-party litigation funding is allowed.

The draft bill expressly allows third-party litigation funding in class actions. The requirements are similar to those established in Directive 2020/1828. However, as the Spanish courts are not accustomed to dealing with third-party litigation funding arrangements, it appears that the provisions included in the draft bill may not be sufficiently specific.

The draft bill requires that, in a redress class action, the claimant clearly identify the funding sources and the third-party funder (if one exists). The draft bill does not require that the funding agreement always be filed together with the claim, but the court can request this if it deems it necessary to evaluate the third-party funding.

Third-party funding should be rejected if:

• the court considers that there is a conflict of interest – for example, where:
• • the funder is a competitor of the defendant; or
  • the funder influences decisions to be taken during the proceedings; or
• the third party has an economic interest in the proceedings that is contrary to the interests of consumers.

The court can request the modification of the funding agreement if it considers that its terms are disproportionate (the draft bill does not specify which terms could be considered disproportionate; nor does it establish any limit to the funder's return). If the requested modification is not made or the agreement is not withdrawn, the court will not certify the class action and will close the case.

The draft bill establishes two additional references to litigation funding:

• Any redress settlement must refer to the amounts that must be paid to the third-party funder; and
• When referring to the liquidator's work, the liquidator must reserve the amount corresponding to that provided by the third-party funder.

12.4 What are the specific implications of such various funding arrangements in class action proceedings?

There are no specific implications regarding different funding arrangements, as there are currently no regulations on the matter.

13 Trends and predictions

13.1 In which areas are class actions most commonly brought? Have there been any major cases of note in recent years?

Most class actions brought in Spain relate to general terms and conditions, often in the financial sector (eg, the floor interest rate clause in mortgage contracts).

Notably, the largest class action filed in Spain was brought against more than 100 Spanish banks and is currently pending before the Supreme Court. Other recent class actions include those in the automotive sector, such as the case involving Volkswagen engines.

13.2 How would you describe the current class action landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

In recent years, there has been a slight increase in the number of class actions filed in Spain, although these actions have often been used to seek injunctive relief rather than redress measures. Compared to other EU countries, there have been relatively few class actions in Spain, largely due to the incomplete regulatory framework.

The current landscape for class actions in Spain is about to change. As stated in question 1.1, the Spanish Parliament is processing an act on class actions to transpose EU Directive 2020/1828. The draft bill establishes a special procedure for handling class actions based on an opt-out system, which:

• addresses several relevant procedural matters; and
• allows for third-party litigation funding.

From observing trends in other EU countries (eg, Portugal and the Netherlands), it seems that the new regulation, if passed as currently drafted, may lead to an increase in class action litigation.

The prevailing trends in Spain regarding class actions involve:

• defective products;
• general terms and conditions;
• digital and data protection; and
• unfair competition.

The most commonly targeted sectors, based on the Spanish experience and trends in other EU countries, include:

• banking;
• transportation and automotive;
• digital; and
• retail.

14 Tips and traps

14.1 What would be your recommendations for the smooth progress of class actions in your jurisdiction and what potential pitfalls would you highlight?

The main recommendation for establishing an effective system of class actions is directed at the legislative branch: even if legal professionals (primarily courts and lawyers) become experts in class actions, a robust system cannot be achieved until the regulations are updated to be more comprehensive and to provide greater legal certainty for both parties and the courts in this vital area.

However, even if the regulations are amended as anticipated (see question 1.1), the main pitfall in Spain is the lack of a strong tradition with class actions. This may lead to inconsistent application of the new law in its initial years, at least until case law develops on certain procedural matters. Additionally, since class actions are currently intended primarily for consumer matters, their extension to other 'borderline' issues could prove controversial.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.