Former customers of the insolvent company Bayerische Energieversorgungsgesellschaft ("BEV") can participate starting immediately in a model complaint for declaratory relief against the insolvency administrator for BEV. The Federal Justice Office (Bundesamt für Justiz) has now opened the register for the complaint. The Court of Appeals (Oberlandesgericht) in Munich had previously resolved to publicly announce the class action by the Federal Central Consumer Association ("VZBV") which was filed by attorney in the law firm GvW Graf von Westphalen.
The class action results from insolvency proceedings of the energy utility company BEV. The specific issues involve, among others, a new customer bonus with which the energy utility gained customers. The insolvency administrator rejects crediting the promised bonuses against the final invoices in the case of customers whose contract was terminated prior to the expiration in the first contract year as a result of the insolvency. The VZBV is now opposing this with its class action.
The expected decision has major importance for more than 100,000 customers harmed by BEV. The central issues of law and fact will first be clarified in the class action with effect for all harmed parties who are registered in the complaint register.
The new instrument of the class action has existed in Germany since 1 November 2018. GvW has filed the complaint under the lead of the Berlin litigation and insolvency attorney Ansgar Hain. Other attorneys: Dr Frank Süß, Stephen-Oliver Nündel (litigation, both in Frankfurt), Carsten Liersch (practice group head for insolvency law, Berlin), Dr Maren Mönchmeyer (controlling general terms and conditions, Hamburg).