독일의 집단적 소송제도 최신 동향 -시범확인소송(Musterfeststellungsklage) 도입과 관련하여-

Recent Trends in the German Collective Litigation System -Focus on the introduction of Musterfeststellungsklage-

In Germany there are various remedies for consumer protection. Nonetheless, there is still a debate on how to improve the litigation system for consumer disputes. Especially, Volkswagen emissions scandal (diesel scandal) has caused many consumers to suffer from the same cause. In Germany, millions of diesel drivers have been hit and many are willing to file lawsuits. But this is still wasteful and expensive. This has increased the need for collective remedies that can effectively enforce the right of multiple consumers to claim individual damages, and the most recent discussion is the pilot verification litigation (Musterfeststellungsklage). According to the draft of 2017, it has three key characteristics of the pilot verification litigation: First, pilot verification litigation is an opt-in collective litigation. A related consumer must report his claim or legal relationship to the registry in order to participate in pilot verification litigation. That is, active participation is required. According to draft article 606, pilot verification litigation may be granted if the claim or legal relationship is more than a certain number. The draft proposes a minimum of three options(10, 50 or 100 cases).Second, the pilot verification litigation is very similar to the pilot litigation that already opened the possibility of class action. The goal of the pilot verification process is to establish one or several verification objectives (Feststellungsziele) so that they are unified binding. Finally, in the pilot verification litigation, only the consumer organizations, not consumers, are the complainants. Such organizations shall be listed as qualified entities in accordance with Article 4, paragraph 2, subparagraphs 1 to 3 of the Prohibited Action Act or listed in accordance with Article 4 of the EU Directive on prohibited proceedings for the protection of consumer rights. The pilot verification litigation is a precondition for the active participation of the victim. It will not be meaningful in small amount of damage. However, it is expected that it will act as an effective means in cases of large oder medium amount of damage. Although the bill has not yet been passed, it has been agreed that the need to introduce a collective litigation has been reached. It would be beneficial for us to review the trend of introduction of the pilot verification litigation in Germany.