Ausforschung und Rechtsdurchsetzung im Unionsprivatrecht: Herleitung Ausgestaltung eines allgemeinen unionsrechtlichen Informationsrechts

The traditional conception of German civil procedure is founded on the premise of a dispute between parties on equal footing. Accordingly, German case law and legal doctrine have historically adopted a restrictive approach to the parties' duties to disclose information: where two citizens meet as equals, the law need not intervene to assist either party with procedural rights to obtain information. In today's society, however, large platform providers and product manufacturers often possess a significant informational advantage over consumers and small businesses regarding the functioning of their highly complex products. The classical view of litigation as a clash between equals has thus become increasingly detached from reality. The imbalance of power - and consequently of information - between parties in modern civil proceedings was not lost on the European legislator. Through a range of directives, such as those concerning antitrust damages, product liability, and collective redress, the European Union has introduced what may initially appear to be a jungle of disparate disclosure obligations in civil litigation. Yet, these seemingly fragmented provisions on disclosure in EU private law can be traced back to a common underlying principle - the effective enforcement of EU law, aimed at fostering prosperity within the Union - and to uniform principles of interpretation.