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Prediction: Spain: Significant changes are coming to class actions in Spain

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Prediction

The current system of collective actions in Spain is used very infrequently. This traditional system is due to undergo major changes as a consequence of the implementation of the Collective Redress Directive, by means of a draft bill which has already been published. The key element of the draft bill is that representative actions would proceed on an opt-out basis as a general rule. As an exception, an opt-in system would apply to foreign consumers and, depending on the circumstances of the case, where the court considers it preferable (provided each represented claim amounts to at least €3,000). If the new system ultimately attracts the interest of consumer associations – and litigation funders – Spain may find itself as a new focus for collective actions, given the availability of an opt-out mechanism infrequently found in Europe.