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What it is

Bill to let affected groups file collective lawsuits

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 23 March 2018. Introduced by: Baldoví Roda, Joan (GMx) y 14 Diputados.

Official title: Private member's bill to amend the Civil Procedure Law to facilitate collective and grouped lawsuits.

Follow this law

Source: Congreso de los Diputados, file 123/000001· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill explains that today only consumer associations and the Public Prosecutor's Office can file collective lawsuits, and that this does not always work well for massive cases. It therefore proposes allowing platforms or groups of affected people created for a specific case to also sue.
  2. The bill would amend the Civil Procedure Act so that groups of people harmed by the same damaging event, grouped solely to sue over that event, would have capacity and standing to go to civil courts.
  3. Favorable rulings in these cases would benefit everyone harmed by the damaging event, even if they did not take part in the trial. Those who want to collect must ask to be recognized as beneficiaries within five years.
  4. If passed, the law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • Groups and platforms of affected people: Could file collective lawsuits without formally creating a consumer association.
  • Consumer associations: Keep their current standing to defend consumer interests in court.
  • Harmed consumers and users: Could benefit from collective rulings and claim during the enforcement phase within five years.
  • Public Prosecutor's Office (Ministerio Fiscal): Could take part in and publicize these cases, and seek enforcement of rulings for the benefit of those affected.

Words worth knowing

Demanda colectiva (collective lawsuit)
A lawsuit filed by one person or entity on behalf of a large group harmed by the same problem.
Legitimación (standing)
The requirement the law sets for being able to go to court as a party: who has the right to sue.
Efecto ultra partes (effect beyond the parties)
That a ruling also benefits people who were not part of the trial.
Cosa juzgada (res judicata)
That what a ruling decided is final and cannot be argued again.
Fase de ejecución (enforcement phase)
The part of the process where the ruling is carried out, for example paying compensation.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced23 March 2018Someone registers the text in the Congreso.
  2. Admitted2 April 2018The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedThe deputies vote, usually in the plenary; some laws are passed by a committee without going to it.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedThe King gives royal assent and it is published in the Official State Gazette (BOE). It comes into force on the date it sets, or after 20 days if it sets none.
See the 6 official steps on a timeline
Mar 2018Jun 2018Sept 2018Dec 201811. 23 March 2018: Presentación22. 2 April 2018: Boletín Oficial de las Cortes Generales Publicación desde 02/04/2018 hasta 06/04/201833. 2 April 2018: Calificación44. 6 April 2018: Gobierno Contestación desde 06/04/2018 hasta 16/05/201855. 16 May 2018: Pleno Toma en consideración desde 16/05/2018 hasta 05/03/201966. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 27/03/2019

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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