Substitution of lead plaintiff in model proceedings upon death of original claimant under KapMuG

The German Federal Court of Justice (BGH) ordered the substitution of the lead plaintiff in a model proceedings case, designating a specific co-plaintiff as the new Musterkläger (model claimant) and Musterrechtsbeschwerdegegner (model respondent in the appeal). The dispute arose from the death of the original lead plaintiff, prompting his counsel to request the suspension of the proceedings to facilitate a change in party status rather than a simple continuation or termination. Applying the Model Proceedings Act (KapMuG), specifically §§ 9(2), 13(2) No. 1, and 21(3) Sentence 2 in the version applicable prior to July 19, 2024, the court exercised its power to appoint a new lead plaintiff by way of reasonable discretion to simplify the procedure, thereby allowing the model proceedings to continue with the substitute party while the underlying substantive claims remain pending.