Die Rechtsstellung des angemeldeten Verbrauchers in der Musterfeststellungsklage

Subject of the thesis is primarily the constitutional admissibility of the binding effect pursuant to Section 613 of the German Code of Civil Procedure (ZPO), in particular with regard to the legal hearing of registered consumers. Under this aspect the applicability of the procedural institutes of the change of action and the counterclaim in the model declaratory action (Musterfeststellungsklage) is examined in the further course, which according to the opinion of the author require a very restrictive application in the proceedings of the qualified institution. Lastly, the highly sensitive issue of the liability of the qualified institution for inadequate conduct of proceedings in the model declaratory action is addressed.
The work was awarded the Doctoral Prize of the Munich Bar Association and the Doctoral Prize of the Friends and Sponsors of Law at the University of Passau.