Remarkable Plenary Non-Jurisdictional Agreement of 27 January 2026 remated to the Trucks-cartel

The Spanish Supreme Court (First Civil Chamber) has adopted a remarkable Plenary Non-Jurisdictional Agreement of 27 January 2026 proposing systematic referral to mediation in the pending “Trucks Cartel” cassation appeals. Framed as a case-management response to mass follow-on competition damages litigation, the decision raises important questions about the sustainability of supreme courts, the boundaries of voluntariness in ADR when cost consequences are envisaged, and the broader architecture of private enforcement in the European Union. I have prepared a short brief analysing its procedural rationale, institutional implications, and its relevance in the wider context of collective redress and the still-incomplete transposition of the Representative Actions Directive in Spain.

To know more :

Commentary on Tribunal Plenario 26.1.26.docx.pdf

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