Important information on the coronavirus COVID-19 legal case

Together with international lawyer colleagues throughout the world, De Micco & Friends represents parties as project manager aggrieved in connection with the consequences of the coronavirus COVID-19 "pandemic" against the responsible institutions. Our law firm in Madrid oversees the management and coordination of the project. Various strategies and legal concepts were developed for the implementation of the project. The type of legal action depends on the respective local legal conditions. In countries where class actions lawsuits are not permitted, individual claims may be filed depending on the situation of each case. Each case must be individually assessed!

Due to the volume of requests, we ask for your understanding that telephone enquiries on this subject cannot be accepted and individual emails with specific questions cannot be replied to! All case-relevant information that can be publicised will be made public at this website and in press releases. To protect data, we will not identify injured parties unless they consent to publication.

Questions and answers regarding the coronavirus COVID-19 legal case

Who can participate in a lawsuit or class action?

Any enterprise or private individual suffering financial loss due to measures by public authorities can participate. Persons who are aggrieved solely as they consider that their civil rights have been violated, for example, due to curfews or detention, may not participate. These aggrieved parties must assert their rights in other ways. To pre-qualify a case, we recommend our checklist for aggrieved parties here.

What should be achieved with legal action?

The purpose of the legal action is to claim compensation for losses actually incurred against the party who caused them.
Each loss must be causally linked to the consequences of actions - for example, by public authorities - and must be accurately proven. The losses must have already occurred. Damages to be anticipated in the future that do not fall within the term of the complaint can only be claimed to a limited extent in the context of a lawsuit.

Potential legal venues in Europe, Asia and the United States are currently being considered. The advantage of European places of litigation is the fact that they offer a high level of legal certainty and that procedures are not as costly as those, for instance, in the United States. Claims are brought against institutions responsible for damages provoked in the context of the coronavirus COVID-19 crisis. In the context of individual analyses, it is determined in each individual case whether, in what manner and against whom a claim can be brought.

Will my information be made public?

All information related to your case that you share with us is subject to data protection legislation and will not be made public by us! Claimants will only be identified for the competent courts once a claim has been filed. Upon express request, aggrieved parties can be listed on our injured parties page with a statement and a link to their company site.

Who is being sued against?

We have identified different possible causes of the damage. For legal and strategic reasons and to protect the interests of our clients, we cannot provide any information about the possible defendants at this point in time. Among other things, the exact identification of the cause is part of the individual case analysis.

What is the likelihood of success?

This is a very complex legal project with global implications and ramifications for which there is no comparable historical example or precedents at all. No guarantee can be provided for the success of the claims. However, we have studied the legal situation together with the best lawyers in the world in the areas of indemnity law, public international law and international law, and depending on the case, we consider the prospects of success to be good.

Until which date I can place a clame?

Individual lawsuits can be submitted to the competent courts at any time. Class actions can be filed at least until the class action will be isued at the courts. The dates will be published on this website.

How are the claimants' fees used?

The funds received as a result of the participation of claimants are supposed to cover the cost of organisational and legal measures. In particular, there are high costs for expert opinions, experts and research, which are required during the course of the project. Worldwide, 600 lawyers and law firms participating in our network will be remunerated from these funds for their services. All income and costs will be fully and transparently made available to registered claimants after conclusion.

How high are the costs for injured parties?

All costs are transparent and predictable. The advantage of class action lawsuits is the fact that aggrieved parties are not required to file a costly claim on their own. Expert opinion reports alone that serve to prove the defendant's liability can cost several hundred thousand euros. Injured parties can currently participate in the project for a fixed fee. The fee depends on the amount of the constructive loss:

Amount of damages:

Analysis

Fixed fee for class action lawsuits

€ 10,000 to 100,000:

€ 600.00

€ 1,200.00

€ 100,000 to 500,000:

€ 900.00

€ 2,900.00

€ 500.000 to 1 million:

€ 1,500.00

€ 3,900.00

€ 1 million to 5 million:

€ 2,500.00

€ 4,900.00

€ 5 million to 10 million:

€ 3,500.00

€ 7,900.00

€ 10 million to 50 million:

€ 4,500.00

€ 9,500.00

€ 50 million to 100 million:

€ 5,500.00

€ 19,500.00

€ 100 to 500 million:

€ 6,500.00

€ 29,000.00

Over € 500 million

€ 10,000.00

€ 49,000.00

All fees are exclusive of the VAT.

These fixed fees apply only to class action lawsuits and include the costs of the first possible instance. If the case is successful, a contingent fee of 15% of the compensation amount actually paid out is charged. Fees paid for analyses are fully credited to the fixed fee in the case of a lawsuit. Fees for individual lawsuits are individually determined on a case-by-case basis.

 

What is included in the fee for class action lawsuits?

1. Analysis

To minimise risk, an individual analysis of each respective case is initially produced. A determination is made as to whether the claims are legally enforceable and the evidence submitted is sufficient for participation in a lawsuit. In addition, an assessment is made on where, against whom and in what manner a claim can be arranged. If the evidence submitted is sufficient, the injured party electing to take part in a lawsuit after the analysis has been concluded can do so for the relevant fixed fee. Most countries require at least 10 claimants to file a class action. Companies, associations and organisations can also file class action lawsuits.

 

2. The claims

The fixed fee for lawsuits includes the costs of the first instance, including the lawyer's fees and court costs.  Costs of a potential appeal are not included and in such case will be agreed with the Client. The fixed fee is only invoiced once the Client agrees in writing to the submission of the claim after the analysis. Deadlines will be announced at a later point. The amount already paid for an analysis will be fully credited towards the fixed fees. If the case is successful, our lawyers charge a contingent fee of 15% of the amount of compensation claimed and actually paid out.

What is the risk to the claimant?

The risk of any claimant in a court case is the loss of the claim. Class action lawsuits may also be rejected by the respective competent courts. In both cases, the funds invested by the claimant in the legal costs are lost. A further risk is that the case could be won but the defendant, for liquidity reasons, is unable or only partially able to settle the claim. In this case, the claimant wins the case but cannot, or only partially, enforce it due to the lack of liquidity.
A case analysis may conclude that participation in a lawsuit is unlikely to be successful. In this case, the costs of the analysis are lost. Prior to commissioning an analysis, we recommend that you review the checklist here.

I have legal expenses insurance. Will this cover the costs?

This depends on the terms and conditions of the respective legal protection. For individual claims, depending on the case, the chances that the costs may be covered are relatively high. Some insurance policies also cover the costs of class action lawsuits. Describe your case to your insurance company, making reference to this website.

Can I engage my own lawyer with the case?

Of course! Your lawyer can handle your individual claim. However, class action lawsuits on a matter such as the one prepared by De Micco & Friends may only be brought once before the respective competent courts. For example, if a class action lawsuit was brought in Geneva, the exact same matter would probably not be allowed there as an individual claim. 
For cost reason, it is therefore advisable in this case to participate in the class action lawsuit. The risks associated with costs and the litigation risk are thus distributed across many parties. This allows even less affluent private individuals and small companies to assert their rights.

I am a lawyer and I have an interest in the case

Fellow lawyers from around the world with experiences in international law and indemnity law can collaborate with De Micco & Friends. You should contact us using our contact form.

I would like to submit an individual claim. What will this cost me?

Individual actions for damages are also possible and even advisable in some countries where class action lawsuits are not permitted. Costs of an individual claim vary from one country to another. Since all our fellow lawyers overseeing the case are highly qualified and have access to extensive material relevant to the process, individual claimants will, in any event, receive a proposal that includes a predictable fixed fee at a special price with a share in any settlement. If we accept your case, the mandate will cover the following services:

  • Perusal of your case
  • Legal power of representation
  • Analysis and assessment of the evidence
  • Determination of the appropriate place of jurisdiction
  • Preparation of the individual statement of claim
  • Submission of the claim at the competent courts
  • Plea of your case in the first instance

A case analysis is also required for individual claims, which can be requested here. Please note! It is possible that courts may refuse individual claims if the exact same matter has already been brought to the same place of jurisdiction as a class action. Our lawyers will advise you individually on this question.

How can I request individual representation for my claim?

As with class action lawsuits, you can register at the website here and pay the fixed fee for your case to be assessed. The same applies here, paid analysis fees are fully credited.

How can I register as a claimant? When and how can I pay the fees?

Claimants can register exclusively online. Aggrieved parties may register here and pay the fee for the analysis via PayPal or by credit card. For larger projects, payment is made after invoicing.

How can I submit my evidence to your law firm?

Following your registration as an injured party and payment of the fee, you will be contacted via email by one of our associates, who will look after you personally throughout the process. We require all documents in digital form in PDF format. Please do not send us any photos of documents or Excel lists! We ask your understanding for the fact that we cannot begin to assess a case until the respective injured party is registered. Please do not send us any documents before the completion of a mandate, which you can request here.

How long does processing take?

Since injured parties are registering daily, the processing time of each individual case may take several weeks. Immediately after registering, however, you will be notified by us. The "first-in-first-out" principle applies here.

Which languages do you support?

In general, all documents can be sent in the German, English and Spanish language. Please note that documents relating to evidence may in some circumstances require translation into the national language of the competent courts, in which case additional costs may be incurred. In any event, such charges will be discussed with you beforehand. If you are bringing an individual action, your case will be handled individually by our associates in your national language.

Does De Micco & Friends take political or ideological positions?

No! With respect to this matter, De Micco & Friends does not take or support any political or ideological position or represent any such interests! We are internationally experienced lawyers and economists who are completely independent both economically and politically; we stand up for the rights of our clients and devote all our efforts to defending these rights. In our legal and defence strategies and line of arguments, we rely exclusively on internationally recognised experts, sources and independent institutions. You can find a statement regarding our law firm here.