GERMANY Law and Practice Contributed by: Michael Molitoris, Tanja Hütt, Maike Dickmann and Simon Marchlewski, SZA Schilling, Zutt & Anschütz
A class action lawsuit can take the form of a redress action ( Abhilfeklage ) or a model declara - tory action ( Musterfeststellungsklage ). The mod - el declaratory action that has attracted the most attention to date was a product liability case brought by the Federation of German Consumer Organisations (the “VZBV” ) against the car man - ufacturer VW over the diesel emissions issue. This case ended in an out-of-court settlement. 2.3 Time Limits for Product Liability Claims Claims under the ProdHaftG must be brought within three years of the date on which the per - son entitled to compensation became aware, or should have become aware, of the damage, defect and identity of the liable party, in line with Section 12 (1) of the ProdHaftG. According to Section 12 (1) of the ProdHaftG, this limitation period may be extended if negotiations concern - ing the amount of compensation to be paid are ongoing between the liable party and the party entitled to compensation, until one of the parties refuses to continue the negotiations. Claims under the ProdHaftG expire ten years after the date on which the manufacturer placed the “product” that caused the damage on the market according to Section 13 of the Prod - HaftG. However, this does not apply if a legal dispute or debt collection procedure is pending regarding the claim. The new Product Liability Directive, which has to be implemented into national law by 9 December 2026, provides for an extended expiry period of 25 years for late effects of bodily injury. Tort law-based claims are also subject to a three-year statute of limitations (the so-called regular limitation period for civil law claims). This limitation period begins at the end of the year in which the claimant became aware or ought to
have become aware of the damage, the defect and the identity of the possible defendant. The limitation period for consumer claims against businesses based on product liability is also suspended if consumers register their claims with the class action register following the filing of a model declaratory action or an action for relief under the VDuG (see 2.2 Stand- ing to Bring Product Liability Claims ) provided the claims are based on the same facts or are the subject of the action. 2.4 Jurisdictional Requirements for Product Liability Claims When dealing with product liability cases, the German courts establish their international juris - diction first. They do so by taking the Brussels-Ia- Regulation (EU) Nr. 1215/2012 and the German Code of Civil Procedure ( Zivilprozessordnung or the “ZPO” ) into account. In line with the civil procedural principle of actor sequitur forum rei (the claimant must follow the defendant’s place of jurisdiction), a product liability case can be brought before a German court if the defendant is based in Germany. According to Article 7 (2) of the Brussels-Ia-Reg - ulation, tort or quasi-tort claims based on the place where the harmful event occurred or may occur can also be brought before civil courts in Germany. This refers to either the place where the harmful consequences were felt (the place of damage) or the place where the act or omission that caused the damage occurred (the place of the event giving rise to the damage). In product liability cases, the place of perfor - mance is the location in the company where the “product” is manufactured. Meanwhile, the place of success is where the triggering event causes damage when the “product” is used as intended.
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