Wiederaufnahme des Verfahrens ("resumption of proceedings" in English) is a legal term that plays a significant role in the German capital markets.

It refers to a legal process wherein a previously concluded case is reopened for further examination, usually due to new evidence or procedural errors that could have an impact on the final judgment or decision. In the context of capital markets, Wiederaufnahme des Verfahrens often arises when investors believe that their rights or interests have been compromised or when there is a suspicion of misconduct. This legal mechanism provides a means to address these concerns and uphold the fairness and integrity of the capital markets. When a party seeks the Wiederaufnahme des Verfahrens, they must file an application with the competent court that originally concluded the case. The application should outline the specific grounds on which the party believes the case should be reopened. Such grounds may include newly discovered evidence, violations of procedural rules, or a fundamental error in the previous decision that could affect the outcome. The court carefully evaluates the application and the supporting arguments before deciding whether to grant the Wiederaufnahme des Verfahrens. This evaluation involves a comprehensive examination of the circumstances and the legal framework surrounding the case. If the court finds merit in the application, it may order the resumption of proceedings and designate a new hearing to reevaluate the evidence and arguments presented. It is important to note that the Wiederaufnahme des Verfahrens should not be seen as an opportunity for parties to retry cases simply based on dissatisfaction with the original outcome. Rather, it serves as a guarantee for justice, allowing parties to present new facts or evidence that were previously unavailable or raise concerns about procedural fairness. Instances of Wiederaufnahme des Verfahrens in the capital markets can have significant implications. For example, in cases involving securities fraud or market manipulation, this legal mechanism can unveil critical information that alters the original judgment, potentially resulting in the restitution of investor rights or even criminal charges. In conclusion, Wiederaufnahme des Verfahrens is a crucial legal process in the German capital markets that offers a means to address potential grievances or errors in previously concluded cases. By allowing for the review and examination of new evidence or procedural errors, it contributes to maintaining fairness, transparency, and trust within the capital markets. Investors can resort to this mechanism when they believe their rights or interests have been compromised, leading to the possibility of an altered judgment that may protect their interests.