Germany – Gov’t Investor Model Procedure Act

Germany – Gov’t Investor Model Procedure Act

On 19 July 2024, GE GVT issued Second Act (OG 240/2024) on reform to the Capital Investors Model Proceedings Act which is a law applicable in civil litigation claims.

  • GE JST issued timeline of Capital Investors Model Proceedings Act, and law passed.
  • Relates to KapMuG re Regional Courts and Higher Regional Court submissions.
  • Includes claim for damages due to false, misleading or omitted public capital market information, and also use of false or misleading public capital market information.
  • This may be due to failure to provide the necessary information that public capital market information is false or misleading, which is also set out in the law provisions.
  • The law contains provisions on claims for performance arising from a contract based on an offer under the Securities Acquisition and Takeover Act, and other claims.
  • Includes a claim under Section 39 Paragraph 3 Sentences 3 and 4 of the Stock Exchange Act, or claim for damages under Article 75 Paragraph 8 of MiCA.
  • MiCA is the Markets in Crypto-Assets Regulation, and provisions under European Single Access Point, known as the ESAP Directive, have influenced changes under this law.
  • Prospectus information details as per EU Prospectus Directive and Regulation (PRSP).

Effective: the day after promulgation, as of 20 July 2024.