Spain: Class Actions and Consumer Representative Proceedings—Procedures, Standing, Disclosure, Costs, Funding and Reform (Q&A)
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Class actions—Spain—Q&A guide
This Practice Note is a jurisdiction-specific Q&A on Spanish class actions, produced for the Lexology Getting the Deal Through series by Law Business Research (law stated as at 21 July 2023). Authors: Cuatrecasas—Esther De Félix; María Pérez Carrillo; Adrián Yuste.
1. Outline the organisation of your court system as it relates to collective or representative actions (class actions). In which courts may class actions be brought?
The Spanish court structure does not allocate a dedicated jurisdiction for class actions. Such cases are heard either by first instance civil courts or by commercial courts, according to the nature of the claim.
- First instance civil courts: hear class actions founded on general contract law. They are also competent to hear ‘class actions provided in the legislation on general contracting conditions and the protection of consumers and users’, following a very recent amendment to the rules on jurisdictional distribution between first instance and commercial courts (Organic Law 7/2002 of 27 July, modifying Organic Law 6/1985 of 1 July of the Judicial Power).
- Commercial courts: deal with actions arising in commercial matters (eg, a claim seeking the declaration of an unfair situation)...
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Web page updated on 21/05/2026
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