Decision of the Court of Appeals in Warsaw 6th Civil Division of 21st November 2014
VI ACz 4250/14

1. Individuals, whose declarations on joining the group were attached to the statement of claims, acquire the status of group members when a decision on the admissibility of group proceedings becomes legally valid. In turn, individuals who have joined a group as a result of the publication of an announcement on initiating group proceedings, acquire the status of a group member when the decision establishing the group composition becomes legally valid.
2. A decision concerning a composition of a group is issued in relation to the members who joined the group as a result of the publication of an announcement on initiating group proceedings.
3. Since individuals joining the group at a further stage of the group proceedings (as a result of the publication of an announcement on initiating of such proceedings) enjoy the possibility of opting out from the group, until the moment which seals their status in an action in a final manner, analogue rights should be awarded to individuals, whose declarations have already been attached to the statement of claims. Therefore, it is necessary to approve, that individuals, whose declarations have been attached to the statement of claims may opt out of the proceedings until the moment, in which their status in the proceedings is finally decided, which is until the moment the decision on the admissibility of group proceedings becomes final (legally valid).
4. A declaration on opting out of the group is an act of its member of a dispositive nature. It is neither a new fact nor evidence. Neither may it be recognised to be an extension of the demand of the statement of claims or as bringing forth new claims. In consequence, submitting a declaration on opting out of the group at the stage of the complaint proceedings is admissible.