May 20th, 2025

Sernetz Schäfer Advises on First Court-Approved Settlement in a Model Declaratory Action

For years, settling model declaratory actions in court – as originally envisaged by the legislature – was considered impractical. The Bavarian Higher Regional Court has now approved the first such settlement in a dispute involving Sparkassen bonus savings contracts. Sernetz Schäfer advised Stadtsparkasse München.

Unlike in the model action against VW in the Diesel litigation, this constitutes a genuine court-approved settlement. The Bavarian Higher Regional Court is coordinating service to approximately 2,400 eligible customers and recording which customers accept or decline the settlement. Sernetz Schäfer played a key role in designing the settlement and led the negotiations with the Federation of German Consumer Organisations (vzbv).

A particular advantage of the structure is that compensation can be calculated easily on the basis of a few transparent parameters, without requiring complex individual recalculations. Sernetz Schäfer is also handling the further implementation of the settlement for Stadtsparkasse München, for example in cases requiring proof of entitlement due to death or name changes. The lead partners were Dr. Jens v. Rüden and Dr. Tobias Widmann.