Definition and Legal Basis of the Claims Register
Das Claims Register is a central electronic directory in which, in connection with certain class actions under German law, claims of affected individuals can be entered. Its purpose is to consolidate the claims of many individuals against a common defendant in the context of collective legal protection proceedings—especially in so-called model declaratory actions—and to ensure effective judicial protection.
The claims register is a key infrastructure for enforcing collective interests in cases of similar legal issues. In Germany, it is mainly used as part of consumer protection legislation and is provided for in various types of proceedings, the most well-known being the model declaratory action under the Act on Injunctive Relief (UKlaG).
Function and Purpose of the Claims Register
The claims register pursues central objectives:
- Transparency: Those affected can find out whether and at what stage a model procedure is.
- Legal awareness: It gives interested parties the opportunity to join the model procedure and thus benefit from its effects.
- Suspension of limitation: By entering a claim in the claims register, in most cases the statute of limitations for the respective claim is suspended.
In the context of class actions, the claims register thus fulfills a connecting and legally secure function.
Statutory Regulations
Model Declaratory Action and Claims Register
The central statutory basis for the claims register in Germany is found in the Act for the Introduction of Civil Procedure Model Declaratory Actions (Model Declaratory Action Act – MuKlaG, introduced by Article 1 of the Act for the Introduction of Civil Procedure Model Declaratory Actions of 6 November 2018, BGBl. I p. 2322).
According to §§ 606 ff. ZPO, entry in the claims register maintained by the Federal Office of Justice is a mandatory prerequisite for participation in the relevant model declaratory action. The exact structure of the register, the possibility for entry, and the relevant deadlines are governed in detail therein.
Other Areas of Application
In other collective legal protection instruments too, the maintenance of a register is legally stipulated, for example in certain insolvency proceedings involving numerous eligible claimants.
Organization and Administration
Responsible Authority
The claims register in Germany is centrally maintained at the Federal Office of Justice . The setup of the electronic register is intended to enable straightforward and timely entries. The register is publicly accessible, so not only those involved, but also interested parties, can stay informed about the status of model proceedings.
Entry/Removal of Claims
Entries in the claims register are usually made electronically via an online process on the Federal Office of Justice website. Key required details for entry typically include:
- Information on the natural or legal person registering the claim
- Description of the asserted claim
- Information on the model declaratory action to which the registration refers
A removal is possible upon expiry of the respective entry deadlines or as a result of a withdrawal declaration by the registering person, but at the latest with the legally binding conclusion of the respective model procedure.
Legal Effects of the Claims Register
Suspension of limitation
With the entry of a claim in the claims register, the statute of limitations for the relevant claim is generally suspended pursuant to § 204 para. 1 no. 1a BGB. The suspension ends six months after the announcement of the legally binding conclusion of the model procedure, unless an individual action is brought before then.
Binding Effect
Judgments in the model declaratory action have effect for all registrants in the claims register who have not filed independent lawsuits. This means they are bound by the court’s findings relating to the procedure. Nonetheless, enforcement of their own claims against the defendant is still required on a case-by-case basis after the conclusion of the model procedure unless there is a direct payment or provision.
Collective Legal Protection
The claims register plays a decisive role in bundling numerous individual interests and ensures that individuals in comparable situations are not forced to file separate lawsuits. It conserves judicial resources by enabling more efficient handling of mass proceedings.
Data Protection and the Principle of Publicity
The publication of data in the claims register is subject to data protection regulations. According to legal requirements, only the information necessary for the process is publicly accessible. Personal data is protected as much as possible, while the public nature of the register is intended to ensure transparency and oversight.
Typical Fields of Application
Consumer Protection
Claims registers are regularly used in the context of model declaratory actions against companies, such as in cases of mass contract disputes in the banking, insurance, and automotive sectors.
Capital Market Proceedings
Capital market-related class actions, such as those provided for investors under the KapMuG, also use a modified register system to consolidate similar claims.
Criticism, Limitations, and Reform Efforts
Criticism
It is criticized that despite the option to register in the claims register, ultimately each registrant must pursue enforcement of their claim individually in a subsequent proceeding unless a settlement or general resolution is reached in the model procedure.
Reform Efforts
Collective actions are gaining importance at the European level. In the course of implementing the EU Representative Actions Directive, there is also discussion about expanding and further developing the claims register—for instance, to make collective compensation claims more effective.
Significance for Collective Legal Protection
The claims register is an essential instrument of collective legal protection in Germany. It simplifies the registration of claims for those affected, structures mass proceedings, and provides legal certainty regarding suspension of limitation and participation in the declaratory procedure.
With ongoing legislative initiatives and further developments—especially against the backdrop of European requirements—the claims register remains a central issue in consumer protection and for other groups entitled to claims.
Sources and Further Information:
- § 606 ff. Code of Civil Procedure (ZPO)
- § 204 German Civil Code (BGB)
- Federal Office of Justice: www.bundesjustizamt.de
- Act for the Introduction of Civil Procedure Model Declaratory Actions (BGBl. I 2018, p. 2322)
- Directive (EU) 2020/1828 on representative actions for the protection of the collective interests of consumers
Frequently Asked Questions
Who can register in the claims register?
In principle, registration in the claims register is open to all persons who are potentially affected by the claim asserted in the relevant model declaratory action. This includes both natural and legal persons, regardless of whether they are domiciled in Germany or abroad, provided that their claims fall under the scope of the model procedure. To enter effectively, those affected must take active steps within the deadline set by the court and submit the required information accurately and completely. Registration is only possible via the Federal Office of Justice and cannot be carried out by third parties without an express authorization. It should be noted that a valid entry in the claims register is a prerequisite to benefit from the binding effect of the model declaratory action in the main proceedings.
Is registration in the claims register subject to a fee?
Registration in the claims register is generally free of charge for those affected. No fees or other costs are charged by the Federal Office of Justice for initial registration, subsequent modifications, or withdrawal. However, ancillary costs may arise in connection with the application, for example if those affected seek legal advice or engage legal counsel for registration. These costs are attributable to the chosen additional services, not to the register itself. Registration does not entail any litigation cost risk, only subsequent individual lawsuits may be associated with costs.
What information must be provided when registering in the claims register?
For a valid entry in the claims register, the Federal Office of Justice requires a number of mandatory details: Firstly, the complete name or company name and address of the affected person or company must be provided. Additionally, the exact designation of the claim and its amount, insofar as it can be quantified, is required. It is also necessary to state the model declaratory action to which the entry should refer. To prevent abuse, proof of identity or authority to represent is also required. If required information is missing or incomplete, the entry may be rejected.
Can a registration be deleted or changed at a later date?
A registration in the claims register can be withdrawn or changed within the specified period. For changes, such as to the claim amount or address data, corresponding change forms are available at the Federal Office of Justice. Withdrawal of registration is possible up to the expiration of the substantive exclusion period, i.e., until the court sets the first date in the model procedure. After the deadline expires, changes or deletions are generally excluded to ensure legal certainty for the process and the parties involved. In exceptional cases, such as obvious errors, the court may allow corrections upon special application.
What legal effects does registration in the claims register have?
Timely and effective registration in the claims register has significant legal consequences: The limitation period for asserted claims is suspended while the model declaratory action is ongoing. In addition, registration creates the opportunity to enforce individual compensation claims more easily on the basis of the findings of the court if the model case is decided in favor of those affected. However, the binding effect applies only to those whose registration was proper and timely. Moreover, registration does not automatically lead to direct payment or performance orders but merely facilitates the individual enforcement of claims based on established facts.
What happens if those affected do not register in time?
Anyone who misses the deadline for registration in the claims register or registers only after the set deadline cannot benefit from the legal advantages of the model declaratory action. In particular, the limitation period for individual claims is not suspended, meaning legal disadvantages or the complete loss of potential claims may occur. Subsequent inclusion in the register or retroactive assertion of claims in favor of the affected parties is generally excluded. The deadlines are therefore legally binding and must be strictly observed to secure individual legal protection.
Can those affected be entered in the claims register by a lawyer?
Registration in the claims register can be carried out personally or by an authorized representative, including by a lawyer. In the latter cases, a written power of attorney must be submitted, expressly authorizing the legal representative to complete the registration. However, engaging a lawyer is not strictly required, as the registration process is standardized and sufficiently explained. Nonetheless, legal assistance may be advisable, especially when complex or high-value compensation claims are involved or there is uncertainty regarding eligibility. Any lawyer’s fees are borne by the affected person in such cases.
