SPAIN Law and Practice Contributed by: Xavier Moliner and Juan Martínez, Faus Moliner
In this regard, see the judgment of the CJEU, case C-45/13, of 16 January 2014, or the judg - ment of the Spanish Supreme Court of 21 Janu - ary 2019. Domiciled in a Non-EU Member State If the defendant is domiciled in a non-EU mem - ber 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 juris - diction 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 follow - ing situations, among others: • if the parties agree to do so, or if the defend - ant appears before a Spanish court (this shall not apply where appearance was entered to contest the jurisdiction); • regarding non-contractual obligations, when the harmful event has occurred in Spain; and • in matters related to consumers if the con - sumer has its habitual residence in Spain. 2.5 Pre-Action Procedures and Requirements for Product Liability Claims As of 3 April 2025, it is mandatory in Spain to attend a prior appropriate alternative dispute resolution (ADR) negotiation before initiating civil or commercial court proceedings (this includes any product liability claim). Appropriate ADR refers to “any type of negotiation activity under- taken in good faith by the parties to a dispute with a view to finding an out-of-court solution to the dispute, either by themselves or through the intervention of a neutral third party” .
Organic Law 1/2025 lists a number of systems to be considered as appropriate ADR methods, including, among others: • mediation or conciliation; • a confidential binding offer, acceptance of which is irrevocable; • a neutral, non-binding and confidential opin - ion of an independent expert, to which the parties may voluntarily adhere; • direct negotiation between the parties or with the intervention of their lawyers; and • submission to a collaborative law process, consisting of a negotiation in which the law - yers involved will waive the right to represent their clients in court if they do not achieve a total or partial solution to the dispute. 2.6 Rules for Preservation of Evidence in Product Liability Claims Before the initiation of any court proceeding, the one who intends to initiate it or any of the liti- gants during the course thereof may request the court to adopt, by means of an order, any useful measures to prevent the destruction of any evi - dence due to human conduct or natural events. Among other things, the applicant for the adop - tion of any of these measures should prove that: • the evidence to be insured is possible, per - tinent and useful at the time of proposing its assurance/preservation; • there are real reasons to fear that the use of said evidence may be impossible in the future if the preservation measures are not adopted; and • the preservation measure proposed, or another measure that the court deems prefer - able for the same purpose, may be deemed conducive and carried out within a short time and without causing serious and dispropor -
215 CHAMBERS.COM
Powered by FlippingBook