Spain’s New Draft Law on Collective Actions: A Long-Delayed EU Obligation
On 14 March 2025, Spain’s Official Gazette of Parliament published the Draft Law on Collective Actions for the Protection of Consumer Rights. The bill seeks to finally comply — nearly three years late — with Directive (EU) 2020/1828, which sets a common European framework for representative actions.
The directive, adopted in November 2020, required transposition by December 2022 and effective application from June 2023. It obliges Member States to establish judicial procedures allowing consumer associations and qualified bodies to bring collective actions, both to stop unlawful practices and to claim compensation for widespread harm.
Previous failed attempts
Spain tried twice before: an initial draft in 2022–2023 and, later, an attempt to include the provisions in the 2024 Judicial Efficiency Law. Both initiatives stalled, leaving Spain exposed to EU infringement proceedings.
The 2025 proposal
The new bill largely mirrors earlier drafts but is now processed as stand-alone legislation, which should ease its passage. Key features include:
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a dedicated regime in the Civil Procedure Act for certifying collective actions;
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a distinction between injunction actions and redress actions;
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an opt-out system as the general rule, with opt-in exceptions;
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third-party funding allowed under judicial oversight;
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creation of a public Register of Collective Actions and General Conditions;
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jurisdiction assigned to specialized first-instance courts.
Risks of delay
Missing the EU deadline leaves Spain open to potential financial penalties, which in similar cases have reached millions of euros. Advancing the bill in 2025 could help mitigate the severity of such sanctions.
Timeline for approval
The government has requested fast-track parliamentary processing, cutting timelines in half. The law could be passed in autumn 2025 and come into force by the end of the year.
Conclusion
Although overdue, Spain is finally moving toward a robust framework for collective consumer actions, aligned with EU standards. If approved, the law will give consumers a powerful tool to pursue justice in cases of mass harm and cross-border disputes.
