Multi-Party Litigation In Germany: The KapMuG In Action

Mondaq Business BriefingGermany Law Articles in English (2012)

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Multi-Party Litigation In Germany: The KapMuG In Action

Published in Class Actions, by Federated Press, Spring, 2008

Article by Louise Moher and Lynda Morgan*

The North American-style class action has largely been rejected throughout Europe. In the past 10 years, however, many European countries have developed unique approaches to collective redress. This article is the fourth in a series of articles that examine the development of multi-party litigation in specific jurisdictions outside North America1.

Until recently, German law granted very little in terms of collective redress. 2 The notion of a class action conflicts with Germany's fundamental right to be heard and right to court access by an individual to plead his or her case individually, all of which are constitutionally protected.3 However, when thousands of individual securities claims were filed against Deutsche Telekom, the German legislature was forced to reconsider its conserva...

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