SPAIN Law and Practice Contributed by: Xavier Moliner and Juan Martínez, Faus Moliner
of the person who supplied them with the prod - uct 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 provid - ing an injured party with greater protection, nor does it affect any other right to damages, includ - ing moral damages, to which the injured party may be entitled as a consequence 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 of any other non-contractual liability that may apply. 2.2 Standing to Bring Product Liability Claims Every injured party has standing to bring a prod - uct liability claim based on RLD 1/2007. 2.3 Time Limits for Product Liability Claims The statute of limitations for bringing a claim for product 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 by 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 member 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 mem - ber state, the provisions of Regulation (EU) 1215/2012, on jurisdiction and the recognition and enforcement of judgments in civil and com - mercial matters, will be applicable. According to the rules set forth in this Regulation, Spanish courts have jurisdiction over any dis - pute when the defendant is domiciled in Spain, regardless of the claimant’s domicile. Therefore, if the producer of the defective product is domi - ciled 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 prod - uct defect occurred in Spain, or if the damage occurred in Spain.
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