SPAIN Law and Practice Contributed by: Iñigo Igartua Arregui, Eduardo Gómez de la Cruz, Andrea Díez de Uré and Jesús Urriza Rodríguez, Gómez-Acebo & Pombo
simple form (simple interest), not compounded. This is in line with the general rule under Spanish law, which provides for the accrual of simple legal interest on monetary claims from the moment of the claim ( inter- pelación judicial ). From the date of the first instance judgment onwards, the statutory interest for procedural delay ( interés de mora procesal ) which is the legal interest plus 2%, as provided for in Article 576 of the LEC, becomes appli - cable. This interest is also simple, not compounded, and is designed to incentivise prompt compliance with judicial decisions and to compensate the creditor for any further delay in the satisfaction of the judgment debt. The Supreme Court is clear that, while compound interest is justified for the pre-litigation period due to the specific economic harm suffered, the subsequent periods are governed by the standard legal regime for interest on monetary judgments, which does not con - template compounding unless expressly stipulated. Article 73.1 of the LDC, as currently in force as from 27 May 2017, codifies the principle of joint and several liability for all participants in collective anti-competi - tive conduct, in line with Article 11 (1) of the Damages Directive. Furthermore, Articles 73.2 and 73.3 of the LDC reflect the special regime for immunity applicants (leniency recipients), limiting their joint and several liability to their direct and indirect purchasers or suppliers, and otherwise only for the harm they themselves caused, unless the injured party cannot obtain full compensa - tion from the other infringers. As regards actions arising from infringements that happened before 27 May 2017, the Spanish Supreme Court has consistently affirmed that, in cases where multiple undertakings have participated in anti-com - petitive conduct and it is not possible to individualise each participant’s contribution to the damage, joint and several liability shall also apply. This is a case law 9. Liability and Contribution 9.1 Joint and Several Liability
construction, the so-called solidaridad impropia which needs to be declared in the judgment itself after a case-by-case assessment. However, there is a minor - ity trend in certain courts to deny joint and several liability in antitrust damages cases (particularly, the trucks and the car cases) under the Civil Code (ie, where the Damages Directive rules are not applicable ratione temporis), on which the Supreme Court must decide shortly. 9.2 Contribution Article 14 LEC allows the defendant to request the intervention of a third party in the proceedings. How - ever, since the LEC requires that the defendant’s right to bring a third party is expressly granted by a law, this option has not been generally possible for antitrust litigation (although with some rare exceptions). On the other hand, Article 13 LEC provides for the vol - untarily adhesive intervention by a third party (typically another participant in the conduct) who wishes to join ongoing litigation if they have a direct and legitimate interest in the outcome. If the intervention is admitted, as it usually is, the third party becomes part of the proceedings and can defend the claims formulated by the defendant or present their own claims if they have the procedural opportunity to do so. They can also make necessary allegations for their defence, even if these were not made at earlier procedural moments. Finally, in cases of joint and several liability, a defend - ant who has paid more than his share of the damages may seek contribution from other co-liable parties. This is typically done through a subsequent action for reimbursement ( acción de regreso ), once the initial judgment has been satisfied.
10. Other Remedies 10.1 Injunctions Availability of Injunctive Relief in Antitrust Damages Litigation
Injunctive relief is available in the context of Spanish civil litigation, including cases concerning damages arising from anti-competitive practices. The LEC pro - vides for a range of interim and precautionary meas - ures ( medidas cautelares ) designed to preserve the
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