A case which belongs to one of the statutory categories (see: In what cases can group proceedings be commenced?) can be examined in group proceedings if certain additional formal conditions, defined as preconditions for admissibility of group proceedings, are met. They have been briefly defined below and they include:
- homogeneity of claims of all group members – this means that all group members should seek the same claim from the defendant (raise claims for the granting of the same mannerof legal protection, g. by seeking to be awarded specified amounts of money from the defendant). Hence, a situation where some of the group members only request the establishment of the defendant’s liability whereas others seek to be awarded damages from the defendant, is not allowed;
- common factual basis of the claims in classic group proceedings – demands of all group members pursued in group proceedings should be based on the same (e. identical)or, at least, similar (equal) factual basis, therefore they must result either from one and the same event (e.g. from one transport accident or railway catastrophe) or from several events bearing similarity to one another (e.g. the same type of agreement in the form of a repeated contractual template, including the same abusive clauses, concluded by several consumers or the use of the same product that proved to be hazardous which caused harm to several individuals). Therefore, they should have their source not so much in the same legal relationship, but in the same type of a legal relationship. In other words, all the demands should either be based on the same entire factual basis or share only such common circumstances which prejudge the occurrence of each of the claims. Whereas the legal basis of individual claims, i.e. whether it is identical or not, is of no significance;
or the commonality of the legal basis of the claims in representative group proceedings – in actions for a determination of the use of practices that infringe the general interests of consumers or for claims relating to the use of such practices, the claims may also be based on the same legal basis; in these types of cases, the precondition of the common factual basis of the claims does not have to be met, and instead of it the claimant may argue that the claims are based on the same legal basis; this new precondition will make more cases suitable for group proceedings;
- the size (number of members of the group) – group proceedings are possible when at least ten persons establish a group to pursue claims. The group can include both natural and legal persons, or the so-called entities without corporate status (unlimited partnerships, general partnerships, limited partnerships). In cases concerning the determination of the use of practices that infringe the general interests of consumers, there is no minimum group size precondition, as no group is formed at all in this type of cases; however, in practice, it seems that cases involving the interests of fewer than 10 persons will not be pursued under this procedure;
- standardized pecuniary claims – this is an additional precondition for pursuing claims in group proceedings, which applies only in a case of pursuit of pecuniary claims in group proceedings (g. monetary claims for damages) – with the exception of consumer claims. The standardised amount of the claims means that the group members – as an entire group or within the subgroups of at least two persons – must pursue the payment of a standardised sum from the defendant (see: What can you pursue in group proceedings?). There is the exception to this in consumer claims cases – Amendment No. 4 entirely set aside the requirement to standardize consumer claims to the same amount.
In the actions brought by qualified entities, the court also obligatorily examines whether the entity is entered in the register kept by the President of the Office of Competition and Consumer Protection (Prezes Urzędu Ochrony Konkurencji i Konsumentów) or in the list kept by the European Commission, and whether the subject matter of the case falls within the scope of the statutory tasks of the given organisation.
