Ius Omnibus recently voiced concerns regarding Spain’s transposition of Directive (EU) 2020/1828 into its national legal framework. This directive, which aims to strengthen collective redress mechanisms across the EU, has sparked a significant debate on its practical implications and effectiveness within the Spanish legal context.
Ius Omnibus’ comments to the Spanish transposition of Directive (EU) 2020/1828 underscores the need for a more consumer-centric approach. By addressing these concerns and implementing their recommendations, Spain can better align with the directive’s goals, ultimately providing stronger and more effective collective redress mechanisms for consumers.
Ius Omnibus suggested, amongst other things, removing the requirement to designate the qualified entity prior to the unlawful conduct (Art. 835). This change would facilitate the exercise of cross-border representative actions by ensuring that entities can address violations as they occur, without being pre-designated.
Ius believes that consumers and advocacy groups should be encouraged to engage with the legislative process, providing feedback and supporting initiatives that aim to enhance consumer protection in line with EU standards.