TY  - UNPD
A1  - Haar, Brigitte
T1  - Investor protection through model case procedures –
implementing collective goals and individual rights under the 2012 Amendment of the German Capital Markets Model Case Act (KapMuG)
T2  - Center for Financial Studies (Frankfurt am Main): CFS working paper series ; No. 2013,21
N2  - Model case procedures have some fundamentals in common with collective redress in civil law countries. This is particularly true in the field of investor protection which is highly regulated and marked by resulting enforcement failures, which led the German legislator to the enactment of the KapMuG and its recent amendment which highlight exemplary elements of model case procedure. A survey of the ongoing activities of the European Union in the area of collective redress and of its repercussions on the member state level therefore forms a suitable basis for the following analysis of the 2012 amendment of the KapMuG. It clearly brings into focus a shift from sector-specific regulation with an emphasis on the cross-border aspect of protecting consumers towards a “coherent approach” strengthening the enforcement of EU law. As a result, regulatory policy and collective redress are two sides of the same coin today. With respect to the KapMuG such a development brings about some tension between its aim to aggregate small individual claims as efficiently as possible and the dominant role of individual procedural rights in German civil procedure. This conflict can be illustrated by some specific rules of the KapMuG: its scope of application, the three-tier procedure of a model case procedure, the newly introduced notification of claims and the new opt-out settlement under the amended §§ 17-19.
T3  - CFS working paper series - 2013, 21 
KW  - collective litigation
KW  - investor protection
KW  - test cases
KW  - German Markets Model Case Act (KapMuG)
Y1  - 2013
UR  - http://publikationen.ub.uni-frankfurt.de/frontdoor/index/index/docId/32498
UR  - https://nbn-resolving.org/urn:nbn:de:hebis:30:3-324989
PB  - Center for Financial Studies
CY  - Frankfurt, M.
ER  -