The reference decision will be published, and the Bavarian Supreme Regional Court (BayObLandesG) will thereupon open the model case and appoint a leading model plaintiff. Theoretically, any submitted lawsuit can be designated as the model lawsuit. The law firm MATTIL also represents many of the aggrieved parties and is filing a large number of lawsuits that include all of the investigative findings known to date. With the announcement of the model case by the Bavarian Supreme Court in the register of actions (Klageregister), a 6-month period begins within which a claim can be filed in writing with the Bavarian Supreme Court for the model case; for this purpose, the KapMuG stipulates a compulsory appointment of a lawyer.
Experience shows that the model proceedings will take several years. We will outline the procedure of a capital investor sample procedure below.
MATTIL has successfully conducted several model proceedings since the introduction of the KapMuG (Kapitalanlegermusterverfahrensgesetz) (e.g., VIP Medienfonds and Hannover Leasing) and has consequently gained considerable expertise in this field. If the court finds that Ernst & Young GmbH breached its duties in the context of the audits of the financial statements and that the other defendants breached their duties in the context of their work for Wirecard AG, the injured parties who have registered in the register of claims in due time will have to sue individually for their personal damages in subsequent proceedings, provided that there are no settlement agreements with the defendants.
You can instruct us with the filing of your claims in the capital investor model proceedings as well as with an individual filing of a lawsuit. You will be separately provided with the corresponding offer of representation together with power(s) of attorney when you contact us.