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We’re there for you and look for­ward to your mes­sage. This is how you can reach us:

Tele­fon: +49 (0)30 – 327 617 0

E-​Mail: mail@​ssma.​de

All con­tact information

How do KapMuG proceedings proceed?

The pur­pose of the model pro­ceed­ings is to bundle all pending law­suits in or­der to pre­vent di­ver­gent de­cisions and to re­lieve the courts of ap­peal. All pending law­suits against EY will be sus­pen­ded and the plaintiffs will be parties to the model pro­ceed­ings as de­fend­ants. All ac­tions that are newly filed dur­ing the on­go­ing model pro­ceed­ings will be stayed and the plain­tifs will also be­come parties to the model proceedings.

After the court has de­term­ined the model plaintiff from the sus­pen­ded pro­ceed­ings, all those who have not filed a law­suit can re­gister their claims with a period of 6 months. How­ever, these ap­plic­ants do not thereby be­come parties to the model proceedings.

In the course of the model pro­ceed­ings, the cent­ral is­sues that af­fect all in­vestors equally are the cla­ri­fied in ac­cord­ance with the re­ques­ted de­clar­at­ory ob­ject­ives and de­cided by the model de­cision. In ad­di­tion, the Cap­ital In­vestor Model Pro­ceed­ings Act provides for the pos­sib­il­ity of the parties (the de­fend­ants and the plaintiffs, but not the ap­plic­ants) to the model pro­ceed­ings con­clud­ing a settlement.

If no set­tle­ment is reached in the model pro­ceed­ings, an ap­peal on points of law may be lodged with the Fed­eral Court of Justice against the model de­cision. The sus­pen­ded law­suits of the in­di­vidual plaintiffs will only be re­sumed after the end of the model pro­ceed­ings with legal ef­fect. These will then ul­ti­mately only deal with the in­di­vidual as­pects of the law­suit, such as the cal­cu­la­tion of dam­ages in the spe­cific case. All find­ings from the pro­ceed­ings are bind­ing on the claimants as parties to the model proceedings.

Once the model pro­ceed­ings have be­come fi­nal, the claimants must as­sert their claims by fil­ing a law­suit. Only in the con­text of this ac­tion will it then be ex­amined whether the fil­ing of the claim has sus­pen­ded the stat­ute of lim­it­a­tions. In ad­di­tion, the find­ings from the test case are not bind­ing and must then be cla­ri­fied in the course of the legal action.

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