1. Background In Germany, the discussion about the admissibility of enforcing bundled and assigned cartel damages claims via a legal services provider enters the next round. As Germany does not offer claimants a true US- or UK-style class action regime claimants will seek alternative ways to join forces and bundle their claims, using the so-called assignment-model as a favored solution. Oftentimes such assignments are made to dedicated legal services providers and their respective SPVs. The SPV will then act as claimant and sue for damages in its own name. After some lower courts had previously held such assignments to be invalid based on the legal nature of an SPV as a legal services provider and the variations within the different claims Germany’s Federal Court of Justice (FCJ) in
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The Regional Court of Stuttgart finds bundled cartel damages claims through a legal services provider to be inadmissible (German State of Baden-Württemberg)
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