We have not really covered the Porsche/Volkswagen saga for quite a long time – see here and here for posts on the jurisdictional journey of this litigation all across the country. Primarily, this was because not a lot has happened: Back in April 2014, the District Court (Landgericht) Hannover had published its order commencing a model proceeding (Musterverfahren) to be heard by the Court of Appeals (Oberlandesgericht) Celle (the order is available via the electronic register for model proceedings operated by the Federal Gazette at www.bundesanzeiger.de). Continue reading
We have tracked the proceedings brought by investors against Porsche for damages allegedly suffered when Porsche attempted to take over Volkswagen over the last couple of years, and followed the journey of these claims through courts in London, New York, Frankfurt, Stuttgart, Braunschweig and Hannover. Now, at least a substantial part of these proceedings ended up in yet another German court, namely in the Court of Appeals (Oberlandesgericht) Celle. Continue reading
According to press reports, some sixty retail investors are suing Barclays in Frankfurt over certificates issued by Barclays that related to Helmut Kiener’s Ponzi scheme. Similar actions are being brought in Munich. If I am not mistaken, then this is the first large-scale litigation where the German plaintiff bar tries to establish a model procedure under the extended scope of the revised Capital Market Investors’ Model Proceedings Act (KapMuG) that came into force in November 2012 – or perhaps even the first one overall. Continue reading
At this year’s Annual IBA Conference in Dublin, the Banking Law Committee and the Litigation Committee will be presenting a joint session on “Class Actions or Mass Actions – The experience of Litigators and Financial Institutions”. I will be speaking about the German approach to collective actions – readers of the blog will be familiar with KapMuG –
which will be put into perspective and compared to the approaches taken in other jurisdictions. See you in Dublin!