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Spain

Author: María Paz García Rubio / Marta Otero Crespo

II. General Collective Redress Mechanisms

Spanish law does not provide for a general collective redress mechanism. Nevertheless there are many 'collective redress' rules dispersed throughout the legal system and they basically deal with legal standing issues within different areas such as Consumer Law, Product Liability or Equality Law . However, according to art. 4 LEC, the LEC is a subsidiary statute with regards to any other proceedings - that means that its rules (i.e. on publicity, res judicata, etc) may have a general effect.

1. Further, there is a question in the Spanish legal literature on whether it is also possible to use collective claims in other non-typical scenarios

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