Líneas generales del sistema de acciones colectivas planteado por la Directiva europea sobre acciones de representación

Resumo

Directive 2020/188, of 25 November 2020, of the European Parliament and the Council, which is due to be transposed into our legislation by the 25 December 2022, allows consumers to defend themselves with collective actions against infringements of the EU law by businesses, both with actions for injunctions and actions for damages or compensation, with the aim of strengthening the possibilities of collective defence of European consumers, essentially against mass fraud. The aim is for all countries to have at least one effective and efficient procedural mechanism through the enshrinement of representative or class actions. This article analyses the delimitation of these actions, the content of the Directive and its advances with respect to the previous Directive of 2009, and the regulation of collective actions in the Spanish legal system, already included in the 2000 Civil Procedural Act (LEC) and expressly foreseen in various substantive regulations such as the Consolidated Draft of the General Law for the Defence of Consumers and Users (TRLGDCU), the Law on the Defence of Competition and the Law on General Conditions of Contract.