WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR
JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS?
Definition of class/collective actions -
There is no specific definition of class/collective actions in Spain. The concepts of “collective” and “group” actions are often used interchangeably. Actions seeking collective redress under Spanish law can only brought by organisations designated in Article 11 of Act 1/2000 of 7 January on Civil Procedure ( Ley 1/2000, de 7 de enero, de Enjuiciamiento Civil ) (Civil Procedure Act). In Spain, actions for the protection of identified group members are referred to as “collective actions” while actions seeking the protection of unidentified group members are referred to as “representative actions”. This terminology may create uncertainty because unlike other jurisdictions which use this terminology, individuals are barred from bringing Article 11 claims.
Please see full publication below for more information.