Class Actions radar:
Spain

Historically, class actions in Spain have been the exception rather than the rule. The standard approach has been to file a large number of individual claims in connection with a similar object. Typical mechanisms have included multiple parallel proceedings, or a joinder by which parties are added to an ongoing lawsuit. Until now, this has primarily involved consumers and retail investors making claims against banks and other financial services firms on the basis that their products were misleadingly promoted to obtain flawed consent. The lack of homogeneity in these claims means Spanish case law remains undeveloped. 

By comparison, class actions have been much less frequent and mainly used to achieve injunctive remedies rather than help harmed individuals seek specific redress. Public perception of the mechanism as an avenue to protect their rights has been limited.

Increased litigation is therefore likely in areas of the economy where contracting with consumers is common, and broader consumer protections already apply. As such, class action claims in other areas such as environment, social and governance or anti-trust law may only take shape in Spain where the damage used to ground the claim represents a contravention of consumer protection regulations. 

Sectors that are already characterised by strong public and private accountability mechanisms will likely also provide fertile terrain for follow-on class action litigation. In Spain, regulatory bodies are generally active to protect consumers. Examples include the Spanish Data Protection Agency (Agencia Española de Protección de Datos) and the Antitrust Commission (Comisión Nacional de los Mercados y la Competencia).