Dismissal of the appeal of the Catalan National Assembly
The Court of Barcelona has rejected the appeal presented by the Catalan National Assembly (ANC) in relation to the closure of the Consum Estratègic website. This decision confirms the previous ruling of commercial court number 11, which supported the closure of this portal. Consum Estratègic promoted the disengagement of companies that were listed on the Ibex-35 and had moved their headquarters outside of Catalonia due to the ‘campaign of fear’ during the Procés. The Court supports Foment del Treball and maintains that this campaign may harm competitors for ideological reasons unrelated to the efficiency, quality or price of their services.
Confirmation of closure and additional requirements
In 2019, a judge provisionally suspended the website after a complaint from Foment del Treball, arguing that the Assemblea’s strategy was contrary to good faith and distorted free competition. The Barcelona Court ratifies this decision and orders the cessation of the campaign, in addition to demanding that the ANC refrain from making its resources available to third parties to disseminate the campaign again. The Court considers that the ANC’s actions are intended to harm competitors who are not part of the campaign, regardless of their membership in the Ibex-35 or the Bernabéu box. The ANC’s argument of promoting ethical and responsible consumption is rejected, maintaining that the criteria are not based on the market, efficiency, quality or price, but on ideological reasons.
Considerations on freedom of expression and the purpose of the campaign
The ruling defends a ‘limitation’ of freedom of expression in this case, highlighting that the legitimate purpose pursued is the protection of the right to free business and the market economy, rights included in the Spanish Constitution. It is emphasized that the campaign sought to ‘produce a serious dysfunction in the market to alter the terms of competition’.