About the Work

The pursuit of mass and collective damage cases is evolving. Legal tech companies, litigation funders, high-profile cases with significant media attention, and a judiciary and legislation that are friendly to victims and consumers are leading to an increase in claims for damages, presenting new challenges for the companies involved. In this context, the legislator has introduced an additional tool alongside the established Capital Investor Model Proceedings Act (KapMuG) with the model declaratory action according to §§ 606 ff. ZPO (MFK), which, unlike the KapMuG, is not limited to a specific area of law but adopts central structural features of the KapMuG. This commentary provides a comprehensive and practical examination of model actions under both the KapMuG and §§ 606 ff. ZPO. It is supplemented by a systematic presentation of the directive on collective actions for the protection of consumer collective interests and the repeal of Directive 2009/22/EC, which came into force on December 24, 2020, and must be implemented into German law by December 25, 2022.

Advantages at a Glance

• Comprehensive commentary on the law of model declaratory actions
• Systematic presentation of current European developments in the field of collective legal enforcement
• Practical and illustrative
• Scientifically grounded

Target Audience
For legal practitioners, in-house counsel, and judges.