There is no class action in german law. Everybody has to sue on their own (with very few exceptions), but of course there is no point in having (and funding) multiple identical cases unless this case gets dismissed for a technicality like the fading issue.

Just to add: If similar lawsuits are anticipated or the question is seen as important courts usually give they opinion on what criteria to use to judge other cases. So even if this one is lost due to technicalities we will likely learn more about this legal question.

Yea, why isn't the Kernel.org teal or the FSF taking up this case as well. It seems odd he's bringing it about individually.