Germany

• Author: Dietmar Baetge
• DOI: 10.1177/0002716208328333
• Published date: 01 March 2009
• Date: 01 March 2009
• Subject Matter: Articles

ANNALS, AAPSS, 622, March 2009 125

Although strong traditional principles have stifled

reform of multiple procedures beyond joinder and con-

solidation, injunction claims by associations and com-

mercial organizations have for some decades been

more active in Germany than many European states.

Since 2000, innovative experiments have been under

way with a special model case procedure for investor

claims and assignment of claims in antitrust. Both these

approaches are likely to prove inadequate, but debates

on reform remain cautious.

Keywords: civil procedure; collective litigation; class

action; model cases; association suits

1. Civil Procedure in Germany:

An Overview

Germany is one of the prime examples of a

civil law country.1Unlike some countries with a

common law tradition, German courts have no

authority to adopt general rules on civil proce-

dure. On constitutional grounds this task is

reserved to the legislature. The German law of

civil procedure has a variety of statutory

sources, its main source being the Code of Civil

Procedure (Zivilprozessordnung or ZPO).

Since its enactment in 1877, the Civil Procedure

Code has been amended several times, but its

basic structure and characteristic features have

endured.

A number of guiding principles inform

civil trials in Germany, some of which are

firmly rooted in the German constitution.2

According to the principle of party control

Germany

By

DIETMAR BAETGE

Dietmar Baetge is a professor and chair for civil law,

economic law, private international and comparative

law, Hanseatic University, Rostock, Germany.

NOTE: For a list of relevant statutes pertaining to

collective litigation in Germany see the Appendix

DOI: 10.1177/0002716208328333