Accumulation of lawsuits
Accumulation of lawsuits denotes on the one hand the combination of several claims in one proceeding ("objective accumulation of lawsuits ") and on the other hand the combination of processes of several plaintiffs or against several defendants ("subjective accumulation of claims", mostly " dispute association ").
Objective accumulation of lawsuits
An objective accumulation of actions, regulated in the ZPO in § 260 , exists if the plaintiff pursues several procedural claims ( disputes ) with his action . According to the prevailing two-part dispute term , this presupposes that the lawsuit contains several applications and / or is based on several real-life facts. It arises when the plaintiff raises several claims in a lawsuit at the beginning of the process , by subsequently asserting a further claim in pending proceedings or by combining several independent processes. An objective accumulation of claims ends when the claims are withdrawn or dealt with, or when the claims are separated.
One differentiates:
Cumulative number of claims
The plaintiff asserts several disputes against the defendant. So more than one decision is sought from the court at the same time. In principle, however, this form of accumulation of actions in the form of an indefinite partial action is not permitted. In this form of action, the plaintiff asserts several claims in the context of the statement of grounds, but the application does not cover them in full. (Example case: The plaintiff asserts three payment claims in the amount of 3,000, 4,000 and 5,000 euros in the context of the statement of claim, but the claim is only to order the defendant to pay 10,000 euros.) However, an interpretation of the complaint by the Court still lead to admissibility. This can be done, for example, by the court using the order in which the claims are presented in the statement of claim to interpret the application.
Eventual accumulation of lawsuits
The plaintiff makes a main and an auxiliary request. He only asserts the second claim if the main request is unsuccessful ("real eventual accumulation of actions") or if the main request is successful ("false eventual accumulation of actions"). Although the auxiliary request is thus made subject to one condition, this does not contradict the hostility to conditions of procedural acts , because here the further procedure depends on an (always permissible) internal procedural event, namely the success or failure of the main request. This condition does not introduce any uncertainty into the process. In the event of a cluster of actions, the court is bound by the order chosen by the plaintiff. It may only decide on the auxiliary request when the event named in the condition has occurred. One case of contingent action is step action .
Alternative accumulation of actions
The plaintiff alternatively makes two applications against the defendant or bases one application on two alternative facts. This is fundamentally inadmissible because the action is then no longer sufficiently determined in accordance with Section 253 (2) No. 2 ZPO. An exception to this is the election debt according to §§ 262 ff. BGB. In the area of commercial legal protection, the alternative clustering of actions was also considered inadmissible until the TÜV decision of the Federal Court of Justice , but was not objected to in the proceedings. Most recently, however, the Federal Court of Justice recognized in its bio-mineral water ruling that the subject-matter of a competition-law injunction, as a uniform act of infringement, can comprise several legal violations. According to this, it is not necessary for injunctive relief actions under competition law to base the claim on various motions, since the concept of the subject of the dispute is interpreted so broadly that even if various infringements are met by just one act, there is still only one uniform subject of dispute. As a result, this is largely equivalent to the essence of an alternative accumulation of actions, since the court thus has to determine independently on which facts it is based the injunction requirement.
Objective accumulation of actions in administrative law
In administrative law, the objective accumulation of actions is regulated in Section 44 VwGO.
Subjective accumulation of lawsuits
A subjective accumulation of complaints is given if several people are involved either on the plaintiff or on the defendant side. A more common term for this, however, is the " dispute union ".
See also
Web links
- Accumulation of lawsuits . (PDF) juratexte.de - a tabular overview of the accumulation of lawsuits with explanatory notes.
