Germany
| Prior to the implementation of Directive 2020/1828, the mechanism most similar to common law class action in German law was the so-called model case procedure (German: Musterfeststellungsverfahren). This procedure allowed for the joint determination of disputed circumstances common to many cases and facilitated the subsequent individual pursuit of claims by entitled entities.
Historically, an earlier legal remedy was the application for a declaratory judgment (German: Musterfeststellungsantrag), introduced in 2005 for disputes in the capital market. Under this procedure, a party to an individual dispute already pending before the court could request that certain preliminary issues identified by the party be decided with binding effect by way of a model judgment (German: Musterentscheidung) for the purposes of all parallel proceedings. The preliminary issue had to be of significance beyond the resolution of a single dispute. The request was made public in a special register, to which applicants from other proceedings involving the same preliminary issue could apply. |
| Implementation of Directive 2020/1828 |
| Type of procedure and model |
Class action; The principle of joining the group is based on the opt-in model. |
| Qualified entity to bring an action |
Qualified organization |
| Third-party funding |
Admissible. Consumer organizations must disclose the source of funds for legal proceedings and submit a funding agreement. They also cannot be financially dependent on companies to an extent greater than 5%. |
| Facilities for consumers |
Only the numerosity of the group needs to be substantiated; the claims pursued must be only “substantially similar”; there is a long deadline for joining the group (3 weeks from the end of hearing in the first instance proceedings) |
| Other comments |
An action may be brought on behalf of consumers as well as small businesses (businesses that employ no more than ten employees and whose annual turnover does not exceed EUR 2 million) |
Update: February/March 2025
