Die Musterfeststellungsklage

This work examines the tension between German civil procedural law, which traditionally focuses on individual proceedings, and the collective model declaratory action. In particular, the binding effect of the model declaratory action and the existing mechanisms to coordinate dissimilar proceedings raise many unanswered dogmatically and practically relevant questions. Some of these questions can be dealt with using the well-established instruments of civil procedure law. Others, however, require further action by the legislature to reconcile individual and collective procedural law successfully.