Questão jurídica principal
Whether assignment changes the applicable procedural regime in a consumer dispute under ZPO 53
Decisão extraída
The procedure depends on the character of the claim, not on the identity of the parties; assignment and similar changes of persons do not alter the procedural rules.
Fundamentação extraída
The court held that the dispute concerned repair services by a garage for a customer, i.e. a provider-to-consumer service. By analogy to labor-law doctrine and practice, the procedural regime follows the nature of the claim. This is especially apt because the consumer remained the same and only the provider side changed through assignment.