Spain, as a Member State, had to transpose this Directive by 25 December 2022 at the latest, establishing an effective legal framework to facilitate the exercise of both judicial and extrajudicial representation actions.
Essential content of the Directive
The Directive introduces a common set of rules to be respected in all Member States, including:
Representation actions
It allows qualified entities (consumer associations, public bodies, etc.) to bring actions or reach settlements on behalf of a group of consumers affected by the same infringement.
Scope
The Directive covers an extensive list of sectors regulated by EU law, including: data protection, financial services, transport, energy, health, e-commerce and environment.
Eligibility criteria
Entities wishing to act as representatives must meet certain requirements regarding representativeness, transparency and absence of conflicts of interest. The Commission will publish a list of entities entitled to act in other Member States.
Injunctions and compensation
Both injunctions (to stop unlawful conduct) and compensation actions (to obtain compensation or reimbursement) are foreseen.
The case of Spain: current situation
As of June 2025, Spain has not yet completed the formal transposition of the Directive, which has been criticised by consumer organisations and the European Parliament itself. However, a draft bill is currently being processed which incorporates the following new features:
New regulation of collective actions
A specific procedure will be established for representative actions, different from the ordinary trial, with rules adapted to the complexity of these disputes.
Opt-in and opt-out system
A flexible combination of opt-in and opt-out systems is proposed, depending on the national or cross-border scope of the claim.
Litigation funds and costs
External financing mechanisms are expressly regulated in order to guarantee the economic viability of this type of procedure, and guarantees against abusive litigation are reinforced.
Publication of decisions and out-of-court mechanisms
The obligation to adequately publicise decisions and agreements reached is foreseen, as well as the possibility of out-of-court settlements supervised by the competent authority.
Critical appraisal
The future transposition of the Directive will represent a paradigm shift in the collective defence of consumers in Spain. Although similar figures exist in our legal system (such as the actions of consumer associations under art. 11 LEC), the current regulations are clearly insufficient to deal effectively with large-scale situations, such as the case of floor clauses, dieselgate or the car cartel.
Conclusion
The transposition of Directive (EU) 2020/1828 is not only a requirement of European law, but also an opportunity to modernise collective justice in Spain. The new legislation -if finally approved in the announced terms- will consolidate consumer rights, increase dissuasive pressure on infringing companies and reduce the current judicial fragmentation in this area.
Reasons for delay and consequences of non-compliance
Directive (EU) 2020/1828 should have been transposed into Spanish law by 25 December 2022. However, as of June 2025, Spain has still not completed this process, which has multiple explanations and relevant legal consequences.
Among the reasons for the delay, the following stand out:
- Legislative paralysis: the bill was withdrawn from Congress in November 2024 due to lack of consensus.
- Lack of political will: organisations such as ASUFIN have denounced the government's inaction in the face of non-compliance.
- Technical complexity: the reform affects the core of the Spanish civil procedural system, which generates controversy.
This non-compliance may lead to sanctions by the European Union, including:
- The opening of infringement proceedings by the European Commission.
- The imposition of coercive fines and financial penalties by the Court of Justice of the European Union.
In previous cases, Spain has been fined millions of dollars and daily fines for failing to transpose EU directives on time.
In short, the lack of regulatory implementation of this Directive not only represents a missed opportunity for the collective protection of consumers, but also a possible violation of EU law by the Spanish State.
