SPAIN Law and Practice Contributed by: Xavier Moliner and Juan Martínez, Faus Moliner
In addition, a causal link between the defect and the damage shall be presumed to exist when it has been established that the product is defec - tive and the damage caused is compatible with the defect in question. Finally, the court may also presume a defect in the product, a causal link or both when, taking into account all the relevant circumstances of the case: • the court considers that the claimant faces excessive difficulties, due to technical or sci - entific complexity, in proving a defect in the product, a causal link or both; or • the claimant demonstrates that it is likely that the product is defective or that there is a causal link between the defect in the product and the damage, or both.
In any of these cases, the defendant shall have the right and the opportunity to rebut any of these presumptions by presenting evidence to the contrary. In addition to the foregoing, the transposition of the Representative Actions Directive will also lead to a significant modification of the existing procedure on disclosure of evidence in relation to representative actions for the protection of the collective interests of consumers.
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