This site is a service of CenaCom

Sample quality applications do not suspend the statute of limitations!

  • June 19, 2015
  • Topic:

Sample quality applications do not suspend the statute of limitations!

On June 18, 2015, the Federal Court of Justice (BGH) ruled that pre-formulated model conciliation applications are not suitable for suspending the statute of limitations. In four similar cases (III ZR 189/14, 191/14, 198/14 and 227/14), the BGH confirmed the decisions of the Celle Court of Appeal and specified the requirements for conciliation applications to suspend the limitation period in the event of incorrect investment advice.

Accordingly, an application for conciliation suspends the limitation period for claims due to incorrect investment advice in accordance with Section 204 (1) No. 4 BGB if the following conditions are met:

  • the specific capital investment must be designated,
  • the subscription amount must be stated,
  • the (approximate) consultation period must be specified,
  • the course of the consultation must be at least roughly outlined and
  • the objective of the proceedings must be described at least to the extent that the opposing party and the conciliation office are able to draw conclusions as to the nature and scope of the claim being pursued.

The lawsuits filed by the aggrieved investors were each based on conciliatory motions with identical content ( see CenaCom press release dated June 14, 2015), which were made available to a wide audience by a law firm. As soon as the reasons for the decision are published, we will report again here.

Press release from the press office of the BGH dated June 18, 2015, No. 100/2015

AuthorOliver Boltze • CenaCom
Attorney-at-law and business mediator with a focus on compliance, anti-money laundering (AML), ESG, and sustainable corporate governance.

Alternative dispute resolution

Mediation proceedings

Mediation is designed to resolve conflicts promptly and directly.

Learn more

Court opinions: Use of AI leads to loss of remuneration

A ruling by the Darmstadt Regional Court makes it clear that the…

Arbitration ruling on stadium renovation: Legal certainty for Chemnitz

The long-standing legal dispute over the renovation of the stadium on Gellertstraße…

Mediation in property disputes: A way out of the impasse

After almost 15 years of legal deadlock, a real estate dispute shows…

Lawyer and mediator: the ideal team in mediation

This article shows how mediators and lawyers working as a strategic team…
Ein goldenes Schloss, in geschlossenem Zustand, steht auf einem Sockel.

Data protection in mediation: the advantage of "confidentiality"

Confidential procedures such as mediation create a protected space in which parties…

Debt collection: Conciliation proceedings as an alternative to legal action

The conciliation procedure before a state-approved dispute resolution body offers companies a…

Pixels instead of presence: B2B conflict resolution via video conference

Digital dispute resolution via video conferencing enables companies to resolve conflicts efficiently,…

Agile but stable in the IT world: Typical conflict traps in agile projects and how to avoid them

Agile IT projects often run into conflicts due to conflicting expectations, unclear…

Legal expenses insurance and mediation: Who pays the bill?

Companies can often save considerable costs because legal expenses insurance policies cover…