Decision of the Court of Appeals in Warsaw 3rd Division of Labour and Social Insurance of 26th August 2015
III APz 25/15

1. For the assessment, whether group proceedings are admissible, in the meaning of Article 10.1 of the Act on Pursuing Claims in Group Proceedings, it is necessary to establish only, whether the claims are: homogenous, pursued by 10 persons, based on an identical or equal factual status. Another premise, specified in Article 1.2 of the Act, relating to the categories of claims that can be pursued in group proceedings, is only of formal meaning in the proceedings preliminary stage. Thus, the group representative who brings the action should indicate, whether the claim that can be pursued in group proceedings (claim enlisted in Article 1.2), whereas the substantive verification of such a claim will take place only after the validation of decision on examining the case in group proceedings.
2. It is impossible to share the view that the decision on the admissibility of group proceedings requires establishing by the court, whether claims contained in the statement of claims fit into the catalogue of cases indicated in Article 1.2 of the Act, in the meaning of substantial examination of the legitimacy of the claim according to the substantive provision indicated in the statement of claims as a legal basis of the action. Moreover, such a substantial examination of the case is inadmissible at this stage of the proceedings, as it prejudges the outcome of the case, which may be only the final effect of examining the case in group proceedings.
3. The stand that excludes the possibility of referring to tortious liability in the event of violating remuneration regulations, is illegible. It is contrary to regulations of the Labour Code and the Civil Code, which do not exclude the possibility of pursuing claims for damages in the event of sustaining damage by an employee, when the tort was committed by the employer.