Book contents
- The Cambridge International Handbook of Class Actions
- The Cambridge Handbook of Class Actions
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Acknowledgments
- Part I The United States
- Part II The Americas
- Part III Europe
- 9 English Systems of Multiparty Litigation
- 10 Class Actions in Switzerland
- 11 Class Actions in Belgium
- 12 The New Italian Regulation on Class Actions
- 13 Collective Litigation in German Civil Procedure
- 14 Class Action à la française
- 15 The Dutch Mechanisms for Collective Redress: Solid, and Excellent within Reach
- Part IV Asia and the South Pacific
- Part V Middle East and Africa
13 - Collective Litigation in German Civil Procedure
from Part III - Europe
Published online by Cambridge University Press: 29 January 2021
- The Cambridge International Handbook of Class Actions
- The Cambridge Handbook of Class Actions
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Acknowledgments
- Part I The United States
- Part II The Americas
- Part III Europe
- 9 English Systems of Multiparty Litigation
- 10 Class Actions in Switzerland
- 11 Class Actions in Belgium
- 12 The New Italian Regulation on Class Actions
- 13 Collective Litigation in German Civil Procedure
- 14 Class Action à la française
- 15 The Dutch Mechanisms for Collective Redress: Solid, and Excellent within Reach
- Part IV Asia and the South Pacific
- Part V Middle East and Africa
Summary
Germany does not have class actions in the American sense. On the contrary, there has been a long tradition of opposition to the class action model at least since the 1980s, both in academic discourse and in the political arena. This opposition can be divided into three groups of arguments: first and most traditional, there are arguments based on alleged or perceived violations of constitutional law, in the sense that a class or group litigation would be incompatible with fundamental principles of the individual’s right to be heard in court.
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- Information
- The Cambridge Handbook of Class ActionsAn International Survey, pp. 233 - 246Publisher: Cambridge University PressPrint publication year: 2021