![]() With the registration the limitation of the possible individual claim of the consumer is suspended. The filing of claims and legal relations is free of charge for the consumers who accede to the action. Further, at least 50 consumers must accede to the model declaratory action within two months after the public announcement of the action by filing claims or respective legal relations. The model declaratory action must concern declaratory judgement objectives, which affect at least ten consumers. Consequently, the proceedings applied for were not made public and were therefore not conducted as a model declaratory action. 4 MK 2/18: Here the court refused to acknowledged the "Schutzgemeinschaft für Bankkunden e.V." as a qualified institution, as the association had not succeeded in providing the necessary proof. The fact that these requirements have decisive relevance in practice is shown in the decision of the Higher Regional Court Braunschweig (OLG Braunschweig) of December 12, 2018, Ref. In order to prevent abuse of the new model declaratory action, the classification of an association as a qualified institution is subject to strict requirements, which must be proven by the institution in the course of the proceedings. In addition, the association must have been registered for at least four years on the list of qualified institutions maintained by the German Federal Ministry of Justice and Consumer Protection ( Bundesministerium der Justiz und für Verbraucherschutz, BMJV) or in the corresponding register of the European Commission and must have at least (i) ten associations active in the same field of activity or (ii) 350 natural persons as members. 1 of the German Act on Injunctions for Consumer Law and Other Infringements ( Unterlassungsklagengesetz - UKlaG), insofar as they pursue or safeguard the interests of consumers on the basis of their articles of association and provided that these interests are not safeguarded for commercial purposes. Qualified institutions eligible to initiation actions are, in particular, associations within the meaning of Sec. ![]() Entrepreneurs therefore cannot bring an action for a declaratory judgement themselves. ![]() In terms of content, a model declaratory judgement action is directed at determining the existence or non-existence of factual and legal prerequisites for consumer claims directed against entrepreneurs or legal relations between consumers and entrepreneurs (declaratory judgement objectives, Feststellungsziele). Plaintiffs can only be so-called qualified institutions ( qualifizierte Einrichtungen) representing the interests of consumers. The scope of the application for a model declaratory action is limited to proceedings between consumers and businesses. The model declaratory action is an independent type of court action limited to ordinary (civil) jurisdiction which cannot be applied in other branches of jurisdiction, such as labor disputes. This is achieved the possibility of clarifying key conditions for business liability in a single procedure for a large number of affected consumers. The purpose of the new model declaratory action ( Musterfeststellungsklage) is to facilitate the judicial enforcement of claims by affected consumers against businesses. Classification of the model declaration action Certain procedural limitations apply to a declaratory judgment action.1. The declaratory judgment remedy can be used only after all administrative remedies have been exhausted or, if the Service has not issued a notice of final determination, after 270 days have elapsed since the organization requested a determination and the organization has timely taken all reasonable steps to secure the determination. This remedy is available for adverse determinations (or failure by the Service to make a determination) on an organization's initial or continuing qualification or classification of an organization as an exempt organization under section 501(c)(3), as an organization to which a deduction for a contribution is allowed under section 170(c)(2) as a private foundation under section 509(a) or as a private operating foundation under section 4942(j)(3). ![]() District Court for the District of Columbia. If an organization has exhausted all administrative remedies, then it may be able to seek a declaratory judgment from the U.S.
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