Today, the Regional Court of Stuttgart dismissed the lawsuit filed by the Ausgleichsgesellschaft für die Sägeindustrie against the state of Baden-Württemberg for damages for inflated log prices. The Ausgleichsgesellschaft consists of a group of 36 sawmills which sought damages of around €450 million (including interest). The plaintiff accused the state of Baden-Württemberg of having operated a log wood cartel for decades, forcing sawmills to pay inflated prices.
The division has dismissed the lawsuit in a judgment pronounced on January 20. According to the court, “class action collection” is inadmissible in Antitrust Law since it violates the Legal Services Act. The present assignment of the sawmills’ claims to the plaintiff is therefore void. Consequently, the plaintiff could not take over any antitrust damages claims against the defendant, the state of Baden-Württemberg, from the sawmills and is therefore not entitled to conduct the present lawsuit.
In the case of antitrust claims for damages, “class action collection” violates §§ 3, 2 Abs. 1 RDG in connection with § 10 ABs. 1, § 2 Abs. 2, § 11 Abs. 1 RDG.
The judgment is not final. The plaintiff can appeal against it at the Higher Regional Court of Stuttgart within one month of the service of the judgment.
