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If you as a consumer wish to bring a claim against a company, you may apply for your claims to be registered in the register of model declaratory action claims.
If a large number of consumers are affected by the wrongdoing of a company, the model declaratory action can clarify the key facts and legal issues in a single procedure. In this way, many stand-alone proceedings can be avoided.
You will not be able to file your claims until the model declaratory action has been brought and published in the register of claims. You can file your claims up until the end of the day before the first hearing of the model declaratory action.
The judgment delivered in the model declaratory action proceedings is binding for all the claims registered. The proceedings can also be brought to an end by a settlement.
You can then enforce your claims on the basis of the judgment or the settlement.
It is free to make an application for inclusion and you do not need legal representation. However, you must comply with certain requirements when applying.
The time taken to include your claims in the register of claims is not included in the limitation period.
Please note: When submitting claims, you are advised to use the forms provided by the Federal Office of Justice on the website of the model declaratory claims register.
Your claims or legal relationships must rely on the same factual and legal conditions; this will be examined as part of the model declaratory action (the declaratory judgment objectives must be the same).
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You must apply for inclusion in the register of claims at the Federal Office of Justice in writing:
Note: you can withdraw your application up until the end of first day of the oral proceedings. Please use the form for the withdrawal of an application for inclusion in the register of claims. If necessary, you can also simply send your own message by email or by post.
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About 4 weeks.