Joint litigants / co-litigants / third-party notice

Definition and legal basis:

Joint litigation is an institution under procedural law in which several persons appear jointly as plaintiffs or defendants in civil proceedings. The legal basis can be found in sections 59-63 of the Code of Civil Procedure (ZPO). The parties to the dispute are therefore the persons who sue or are sued jointly. The third-party notice, on the other hand, is a separate legal institution, regulated in Sections 72-74 ZPO, which enables a litigant to inform a third party about the pending legal dispute and include them in the proceedings.

Types of joint litigation:

1. simple joint litigation (Sections 59, 60 ZPO):
– Several persons may sue or be sued jointly as co-litigants if they are in a legal community with regard to the subject matter of the dispute or if their rights or obligations are based on the same factual and legal grounds. – In principle, each co-dispute partner conducts its own lawsuit independently. 2. necessary joint litigants (Section 62 ZPO):
– This is the case if the legal relationship in dispute can only be determined uniformly in relation to all parties to the dispute or if the joint litigation is necessary for other reasons.
– The effects of procedural acts extend to all necessary parties to the dispute.

Requirements and effects:

The following requirements must be met for a joint litigation: – Several persons on the plaintiff or defendant side – Material connection between the claims or obligations – In the case of necessary joint litigation: necessity of a uniform decision The effects of joint litigation are:
– Litigation economy by bundling similar legal disputes
– In the case of simple joint litigation: in principle independent litigation of each litigant
– In the case of necessary joint litigation: uniform decision for all litigants

Notice of dispute:

The third-party notice is a procedural instrument in its own right:
– A party to the proceedings may serve a third-party notice if it can assert a claim against the third party in the event of losing the case or fears a claim by the third party (Section 72 ZPO). – The party served with the third-party notice may join the legal dispute (Section 74 ZPO). – The third-party notice is binding in subsequent proceedings (Section 68 ZPO).

Practical significance:

Joint litigation is of practical relevance in various areas of law: – In company law in actions brought by or against several shareholders – In tenancy law in actions brought by or against several tenants or landlords – In tort law in claims against several tortfeasors – In construction law in claims for defects against several parties involved in the construction The third-party notice is particularly relevant:
– In warranty law to involve suppliers or subcontractors
– In recourse claims to secure claims against third parties
– In insurance law to involve insurers

Special procedural features:

– In the case of simple joint litigation, the proceedings of the individual litigants can proceed and end differently. – In the case of necessary joint litigation, the court must make a uniform decision for all parties to the dispute. – The third-party notice does not lead to an extension of the parties, but merely enables the party served with the notice to join as an intervening party. Differentiation and related legal institutions: – The joinder of parties is to be distinguished from intervening parties (Sections 66 et seq. ZPO), in which a third party joins a party without becoming a party themselves. – The third-party notice differs from the summons to intervene in administrative proceedings (Section 65 VwGO), which fulfills a similar function in public law.

Current developments and case law:

– Case law is constantly developing the areas of application of the necessary litigation cooperative, particularly in corporate and inheritance law. – In the context of mass proceedings (e.g. diesel scandal), joint litigation is becoming increasingly important for efficient litigation. – The third-party notice is increasingly being used as an instrument for preparing proceedings and securing evidence. In summary, joint litigation and third-party notices are important procedural instruments that enable the efficient enforcement and defense of rights. They contribute to procedural economy and help to avoid contradictory decisions. Their correct application requires a careful analysis of the procedural situation and the substantive legal relationships between the parties involved.