Important in this context are the standing to sue and the capability to be sued. This is, on the one hand, the existence of a specific claim of the plaintiff (and not of any other person) against the defendant, and, on the other hand, the existence of an obligation of the defendant towards the plaintiff (and not towards any other person). If these are not present, the court shall dismiss the action as unfounded.
In deviation from this, however, it may also be the case that a specific person is meant, but that this person is incorrectly designated in the complaint. This incorrect party designation can be corrected, and such a defect does not lead to the dismissal of the action.
