SPAIN Law and Practice Contributed by: Xavier Moliner and Juan Martínez, Faus Moliner
sible “producers”, according to their participation in the damage. Where the “producer” of a product cannot be identi - fied, each supplier of the product (ie, the distributor or the “retail” supplier) will be considered as its “produc - er”, unless they inform the injured party of the identity of the “producer” or of the person who supplied them with the product within a term of three months before they are required to give such information. This has been clarified, among other matters, by the judgment of the Court of Justice of the European Union (CJEU) of 2 January 2009 (case C-358/08) and the judgments of the Spanish Supreme Court of 21 January 2020 and of 20 July 2020. It must also be noted that the suppliers of a defective product will be treated as if they were its “producer” if they supplied the product while being aware that the defects exist. In such a case, the supplier is also able to file an action for recovery against the producer. Other Forms of Liability This strict liability system set forth in RLD 1/2007 does not preclude other liability systems providing an injured party with greater protection, nor does it affect any other right to damages, including moral damages, to which the injured party may be entitled as a con - sequence of contractual liability, based on the lack of conformity of the goods or any other cause of non- performance or defective performance of the contract, or general tort liability based on fault or negligence. 2.2 Standing to Bring Product Liability Claims Every injured party has standing to bring a product liability claim based on RLD 1/2007. 2.3 Time Limits for Product Liability Claims The statute of limitations for bringing a claim for prod - uct liability under the regime of RLD 1/2007 is three years from the date when the damages were incurred by the injured party, provided that the identity of the party liable for the damages is known to the injured party. The limitation period may be interrupted by the injured party filing a claim before the courts, by means of an extrajudicial claim or through any act of acknowledgment by the liable party. Nevertheless, the right to claim the recovery of damages as provided in
the product liability regime of RDL 1/2007 expires ten years after the defective product was placed on the market. The only way to obviate this expiration date is to start legal proceedings. 2.4 Jurisdictional Requirements for Product Liability Claims The requirements to invoke the jurisdiction of the courts of Spain for product liability claims will depend on whether the defendant is domiciled in an EU mem - ber state or in a third country (ie, a non-EU member state). Domiciled in an EU Member State If the defendant is domiciled in an EU member state, the provisions of Regulation (EU) 1215/2012, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, will be applicable. According to the rules set forth in this Regulation, Spanish courts have jurisdiction over any dispute when the defendant is domiciled in Spain, regardless of the claimant’s domicile. Therefore, if the producer of the defective product is domiciled in Spain, a claim may be brought against them before the Spanish courts. Defendants not domiciled in Spain may also be sued before the Spanish courts on product liability claims if the events leading to the product defect occurred in Spain, or if the damage occurred in Spain. In this regard, see the judgment of the CJEU, case C-45/13, of 16 January 2014, or the judgment of the Spanish If the defendant is domiciled in a non-EU member state that has subscribed to an international treaty with Spain, the jurisdiction of the Spanish courts will be governed by the provisions of that treaty. In the absence of an international treaty, the jurisdic - tion of the Spanish courts will be governed by the internal rules of jurisdiction of Spain. In this regard, a defendant not domiciled in Spain may be sued before the Spanish courts in the following situations, among others: Supreme Court of 21 January 2019. Domiciled in a Non-EU Member State
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