On January 2, 2025, Organic Act 1/2025¹ was published, introducing significant changes to the Spanish legal framework. One of its most notable innovations is the incorporation of new Alternative Dispute Resolution Mechanisms (ADR) in non-judicial proceedings. This measure aims to strengthen a more efficient, accessible justice system that prioritizes peaceful conflict resolution.
As a result, starting April 3, 2025, new obligations will come into effect for both passengers and companies. These changes will have a decisive impact on the pre-claim phase, the initiation of legal proceedings, and their final outcome, establishing new requirements that must be met to avoid economic and procedural consequences.
Key Obligations Introduced by the Reform
Among the most relevant obligations, the following stand out:
- Mandatory Response: Claims can no longer be ignored or dismissed without a formal and justified response.
- Response Time Limit: Companies must respond to any claim within one month.
- Procedural Requirement: Before initiating legal proceedings, attempting an ADR will be mandatory. A document proving this attempt, along with a brief description of the negotiation process, must be submitted alongside the lawsuit. In the case of passenger claims, submitting a prior complaint via email will be considered sufficient.
Consequences of Non-Compliance
Failure to comply with these new requirements could result in significant procedural and financial repercussions, including:
- Refusal to participate in an ADR process may be used as a criterion for awarding court costs.
- Failure to respond to a claim within the legal deadline could lead to greater litigation costs if the consumer pursues legal action and wins the case. In such cases, companies may face an increased obligation to cover legal costs, which will no longer be limited to one-third, as was previously the case.
- A party ordered to pay court costs may request exemption or reduction only if they had made a settlement offer that was rejected by the opposing party, provided that the final ruling closely aligns with the proposed settlement.
- If a consumer submits an extrajudicial claim and later files a lawsuit with legal representation, court costs may include lawyer and attorney fees without the previous one-third limit on the claimed principal amount.
Given these changes, proper management of pre-litigation claims becomes a key factor. A delayed or inadequate response will not only increase litigation but may also lead to a significant rise in procedural costs. In this new scenario, diligence in handling claims and a willingness to explore out-of-court solutions will be essential to minimizing risks and optimizing resources.
At PionAirLaw, we are fully available to guide you through this process and provide any support you may need.
1 Organic Act 1/2025, of January 2, on Measures for the Efficiency of the Public Justice Service.
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