Sammelklagen und ihre Finanzierung

After the reform is before the reform: the search is on for a successor to the model declaratory action, which was only introduced in 2018 and is neither suitable for dealing with mass cases nor for implementing the Representative Actions Directive. The author proposes the introduction of an opt-out class action, which allows associations and individuals to collectively pursue subjective rights. A major challenge is to ensure that the rules on the funding of class actions provide sufficient incentives to bring legitimate actions without infringing on the legitimate interests of the defendant or class members. Australian class actions, which are regularly enabled by litigation funders, are being examined as a possible model.