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
Speed of Relief The courts are empowered to act with urgency in these matters. In practice, if the application is well-founded and the risk of harm is imminent, an injunction can be granted within days, or even hours, especially in ex parte cases. Consequences for Applicants if the Injunction Fails at Trial If the applicant obtains an injunction but ultimately fails in the substantive proceedings, the respondent may claim compensation for any damages suffered as a result of the injunction. This is secured by the appli - cant’s mandatory provision of a security ( caución ), which the court may execute to compensate the respondent. The applicant’s liability for damages is a fundamental safeguard to prevent abuse of interim relief. 10.2 Alternative Dispute Resolution Alternative dispute resolution (ADR) mechanisms are available. The Spanish legal system, in line with Euro - pean Union directives and principles, recognises and encourages the use of ADR as a means to resolve disputes efficiently and to facilitate access to justice, particularly in complex matters such as competition law infringements. The LEC explicitly contemplates the possibility of parties resorting to ADR mechanisms. This includes mediation, conciliation and other forms of out-of-court settlement. The aim is to provide parties with flexible, less adversarial, and potentially faster alternatives to judicial proceedings, which can be particularly ben - eficial given the technical complexity and evidentiary challenges often present in competition damages claims. As from 3 April 2025, the LEC provides for (i) the requirement for the plaintiff to have tried its claim to be previously decided by an ADR; and (ii) some nega - tive consequences in terms of legal costs for the party whose conduct in the ADR is considered an abuse of the public justice service. There will be no award of costs in favour of the party that has refused to participate in the ADR without fair cause, even if it wins the case. In cases with a partial
effectiveness of the final judgment, prevent irreparable harm, or maintain the status quo during the pendency of the proceedings. Test for Granting Injunctive Relief The applicant must satisfy the court of three cumula - tive requirements. • Fumus boni iuris (appearance of good right) – the applicant must demonstrate a prima facie case, showing that the underlying claim (eg, for damages due to anti-competitive conduct) is not manifestly unfounded. • Periculum in mora (risk in delay) – there must be a real risk that, if the injunction is not granted, the applicant’s rights will be irreparably harmed or the effectiveness of the final judgment will be com - promised. This might be the case for stand-alone actions where the cessation of the conduct is sought together with the appropriate compensation of the harm caused. • Proportionality and balance of interests – the court will weigh the interests of the parties and third parties, ensuring that the measure is proportionate and does not cause undue harm. Process for Obtaining an Injunction The process is as follows. • The application for interim relief can be filed before or during the main proceedings. • The applicant must provide detailed evidence sup - porting the three requirements above. • The court may require the applicant to provide a security ( caución ) to cover potential damages to the respondent if the injunction is later found to have been unjustified. • The court will generally summon the parties to a hearing before deciding, unless the applicant requests and justifies the need for an ex parte (without notice) injunction. Ex Parte Injunctions and Additional Requirements An injunction may be granted without notice to the other party (ex parte) if the applicant can demonstrate that giving notice would frustrate the purpose of the measure (for example, if there is a risk that evidence will be destroyed or assets dissipated).
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