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For justice and freedom
A robust state under the rule of law requires a well-functioning justice system. That is why we are reducing the burden on courts caused by mass civil litigation in particular.
With the implementation of the European Representative Actions Directive, we have taken an important step in this direction. By introducing a new type of representative action known as "action for redress", we are strengthening the rights of consumers. But we have also introduced an equitable solution for companies, providing them with a quicker path to legal certainty. A single representative action can take the place of a large number of individual actions.
Leading decision procedures will enable the Federal Court of Justice to provide clarity on fundamental questions of law more quickly. This will, in turn, offer guidance to the lower courts, allowing them to deal with mass claims faster and more efficiently. Leading decisions are an important element of the civil court system of the future, and will help to ensure the continued, effective application of the rule of law in this country.
By introducing commercial courts, we are taking further action to strengthen the rule of law. Germany is one of the leading business locations for international companies. In major commercial disputes, companies should be able to quickly achieve legal certainty. By instituting fast and efficient court proceedings geared towards the needs of the parties, we will be in a position to compete with established foreign commercial courts and arbitral tribunals and boost the attractiveness of Germany’s justice system – not least at the international level. Meanwhile, we are positioning Germany as a location for arbitral tribunals. The Federal Ministry of Justice has already unveiled a series of key points to this end.