In Spain there is no defined process for Class Actions. However, there this a regulation for claims filed by consumers associations and for aggregated claims based on same or similar facts. Section 11 of the Civil Procedure Act sets forth that, without prejudice to the individual standing of each of the damages party, legally constituted consumer associations may defend in court the rights and interests of their members and those of the association, as well as the general interests of consumers and users. In addition to these associations, the Public Prosecutor's Office is also authorised to defend the interests of consumers and users.
Besides, in Sections 72 and 73 of the Civil Procedure Act, also allows actions that one has against several parties or several against one to be brought simultaneously, provided that there is a certain identity between these actions. This last requirement is understood to be fulfilled when the actions arise from the same facts. This issue has been dealt with by our Supreme Court, which has ruled in favour of this possibility in several of its judgments. By way of example, we find the Supreme Court Judgment of 21 October 2015, which admitted the possibility of subjectively accumulating actions when they have an identity between them and stem from the same facts, clearly stating that the existence of differential aspects between the actions that are accumulated should not prevent their accumulation and joint knowledge in a single trial.
Has the directive been implemented in this jurisdiction?
Not yet
Is the jurisdiction allowing for an opt-in or opt-out model?
Opt-in
Brief description of major class action cases in Spain:
Claims relating to banking law
Truck Cartel: Claims against the main manufacturers involved in the Truck Cartel declared by the European Commission in Case AT.39824 — Trucks
Car Cartel: Claims against the main manufacturers involved in the Car Cartel declared by the CNMC (Spanish Competition Supervision Body) on 23 July 2015 (File S/482/13), which has been confirmed by the Supreme Court.
Milk cartel. Claims against the involved companies in the Milk Cartel declared by the CNMC in file S/0425/12. The decision of the CNMC is not definitive yet.
