Bundesportal | Joining a model declaratory action as a consumer

More Information

Publisher

Federal Ministry of Justice and Consumer Protection

Last update or date of publication

March 10, 2020

Contact

The government service telephone number 115 – your point of contact for questions related to the federal, state and local.

Monday through Friday from 8:00 to 18:00 (and beyond these times in some regions).

Call 115 now

Government service telephone number calls are charged at local rates.

If a large number of consumers are affected by the wrongdoing of a company, the model declaratory action can clarify the key facts and legal issues in a single procedure. In this way, many stand-alone proceedings can be avoided.

You will not be able to file your claims until the model declaratory action has been brought and published in the register of claims. You can file your claims up until the end of the day before the first hearing of the model declaratory action.

The judgment delivered in the model declaratory action proceedings is binding for all the claims registered. The proceedings can also be brought to an end by a settlement.

You can then enforce your claims on the basis of the judgment or the settlement.

It is free to make an application for inclusion and you do not need legal representation. However, you must comply with certain requirements when applying.

The time taken to include your claims in the register of claims is not included in the limitation period.

Please note: When submitting claims, you are advised to use the forms provided by the Federal Office of Justice on the website of the model declaratory claims register.

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Forms: Yes

Form for filing claims and legal relationships relating to a published model declaratory action
Withdrawal of an application for inclusion in the register of claims
Request for an extract from the register of claims
Notification of change of address or name

Can I apply online? Yes
Do I need to apply in writing? No
Do I need to apply in person? No

Preconditions

Your claims or legal relationships must rely on the same factual and legal conditions; this will be examined as part of the model declaratory action (the declaratory judgment objectives must be the same).

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Basis for legal action

§ 606 to § 614 ZPO (German Code of Civil Procedure)

Procedure

You must apply for inclusion in the register of claims at the Federal Office of Justice in writing:

Please download the form for filing claims and legal relationships relating to a model declaratory action from the Federal Office of Justice website and complete it on a computer.
In the application, you must give your name and address, the name of the court and the reference number of the model declaratory action, the name of the defendant in the model declaratory action and the subject-matter, and the basis of your claim or your legal relationship. You must ensure that your information is accurate and complete. You should also indicate the amount of your claim.
Fill in the form and either send it by email or print and send it by post to the register of model declaratory action claims at the Federal Office of Justice.
Once your application has been registered, you will receive confirmation from the Federal Office of Justice.

Note: you can withdraw your application up until the end of first day of the oral proceedings. Please use the form for the withdrawal of an application for inclusion in the register of claims. If necessary, you can also simply send your own message by email or by post.

Deadlines

Application for inclusion: at the earliest from the date of publication of the model declaratory action in the register of claims; at the latest by the end of the day preceding the first hearing.
Withdrawal of an application for inclusion: up until the end of the first day of the oral proceedings.

Processing time

About 4 weeks.

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