Do German Attorneys Need a Model Lawsuit for the Declaration of Claims?
The German Bar Association's bimonthly magazine, BRAK-Mitteilungen, published Litigation partner Dr. Michael Weigel's article discussing model lawsuits for the declaration of claims.
While the German legal system's lack of collective redress mechanisms has been discussed for years, there have not been tangible results beyond capital markets litigation and antitrust rules. Following the recent Volkswagen exhaust fumes scandal, Germany's Federal Ministry of Justice and Consumer Protection recently proposed the introduction of a model lawsuit for the declaration of claims in consumer disputes. In his article, Dr. Weigel posits that Germany's laws and legal systems are too different from class action conditions in the United States to transfer such models.