Policy Event

Corporate and Business Law Committee Meeting


Scévole de Cazotte

Senior Vice President

US Chamber of Commerce Institute for Legal Reform


Corporate & Business Law Committee - Virtual Meeting


***For members only***


Topic: The Expansion of Collective Redress in Germany


In 2018, Germany adopted its Model Declaratory Action (Musterfeststellungsklage), which allows qualified entities, like consumer associations, to bring a declaratory action on behalf of consumers. Unlike the U.S. class action system, the "Musterfeststellungsklage" is an opt-in procedure and has a number of safeguards to prevent abuses. Since its adoption, the new collective redress law has been used in a few well-publicized cases, like the diesel emission case against VW.


The collective redress environment in Germany could significantly change with the upcoming implementation of the new EU Directive on Representative (Collective) Actions. The EU Directive requires each member state to establish a collective action system to allow consumers to sue for damages, for both domestic and cross-border claims. While the EU has included safeguards for cross-border actions, the details of domestic collective action systems are left to national governments to decide.


Germany has until December 2022 to transpose the EU’s Directive into its national laws. Now the government must figure out how this new Directive fits with the pre-existing Model Declaratory Act.


Scévole de Cazotte will discuss the details of the EU Directive and Germany’s current collective redress system with another high ranking speaker (to be confirmed). Both will answer questions such as: how has the "Musterfeststellungsklage" worked so far and what kind of claims have been brought forth? How will the new EU Directive fit with the German "Musterfeststellungsklage" and how could it alter Germany's collective redress environment? How can the Directive be implemented without dramatically increasing liability for companies and opening the door to litigation abuses?


Please contact Milena Belogortseva at membership@amcham.de for registration.


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Corporate and Business Law Committee Meeting

October 13, 2021

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