The pattern of declaratory law (MLC) entered into force. Injured parties can join together with MFK, and in court their claim to clarify. The government calls the act “One-for-all-action”.
The Grand coalition had pledged to bring the bill quickly on the way to stop a limitation period for claims for damages in the “diesel-gate”scandal. These run from the end of December. The lawsuit should be directed against the vehicles of the brands Volkswagen, Audi, Skoda and Seat diesel engines of the type EA 189.
Owners of these types of cars or consumers who have one of these cars sold, can join the action for free. The pattern for a declaratory judgment with a damage assessment and not a comparison of ends, the particular consumer must start an individual action for damages against VW. Its advantage is then that the question of guilt is clarified.
How does the pattern of declaratory relief?
The pattern detection method is used as a proxy for some consumers by an Association against a company. In the first case, the consumer filed a Central Bundesverband (vzbv) on Thursday a lawsuit against Volkswagen due to the diesel scandal at the higher regional court of Braunschweig.
The lawsuit, according to a court of law, can further concerned consumers contact the Federal office of justice, in a lawsuit the register – free of charge. Thus, a limitation of their claims is at the same time, exposed to – these can expire after a certain period of time.
Because of the diesel engines of the series EA189 pattern declaratory actions have been at all introduced.
A procedure ends with a settlement or a judgment. Entered in the Register, consumers can rely on, and their claims for damages on the assert. But this must do for everyone, if necessary, by its own action in court.
Federal Minister of justice Katarina Barley is called the pattern of action is also a “pre-examination: both Affected, I know if I’m going to have with my desire for success. With the pattern declaratory judgment in Hand, I can address myself to the group”. Experts predict that companies will prefer comparisons – instead of a multitude of individual processes.
What are the conditions for the plaintiff and the suit?
The MFK is only permitted if a minimum of ten consumer can make your concern to be credible, and a minimum of 50 consumers within two months of the register – a large number and a much too short period of time, to criticize the critic.
In the lawsuit, authorized associations, the restriction applies that you must have at least 350 members or ten member associations. Also, you need to be four years registered, may not sue in intention to make a profit and not more than five percent of their funds from the company.
Critics say, arrangements should be made for hedging the liability risks were missing. In addition, the associations would not have enough money to take care of the complaints.
To what cases is it?
Pattern finding are thought to complaints about illegal increased electricity prices or gas prices, the cancellation of lucrative home loan and savings contracts, in the rental or the right to travel – for cases in which the harm to the Individual is comparatively low, but in the aggregate large. Important is the introduction of the pattern determination was time-barred action yet this year for the VW exhaust scandal affected customers, as their claims to the end of the year.
What is the legal recourse?
A pattern for a declaratory judgment, is negotiated in the first instance before the higher regional courts. As a result, the way to the Federal court of justice, and a principle is reduced to judgment.
The pattern for a declaratory judgment, with U.S. class actions?
No, the differences are large: In the US, lawyers are not involved, apply for a collection and to be Concerned, claim to be, if you leave active “(opt-out,” instead of, as in Germany, “opt-in”). In addition to compensation payments be imposed by the court, also money, which can be higher than the actual harm to the consumer. Lawyers will also receive success fees.
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