Decision of the Court of Appeals in Warsaw 6th Civil Division of 3rd June 2015
VI ACz 479/15

1. The circumstance that individual awarding claims will require an examination of individual factual circumstances characteristic of individual members of the group is of no relevance for the assessment of the precondition of identity or homogeneity of the claim provided for in Article 1.1 of the Act on Pursuing Claims in Group Proceedings. A group proceedings is also admissible when the precondition in the form of damage and damage’s value depends on individual factual circumstances concerning individual members of the group.
2. An assessment of admissibility of examining the case in group proceedings depends on the factual circumstances presented by the claimant as the basis of the claim and it is not conditioned by proving the existence of the claim. Neither is it dependent on the defendant’s allegations or the manner of defence employed by the defendant. It is only the proceedings before the court that are to demonstrate whether the claims included in the statement of claims have a basis in the provisions of substantive law.
3. The legislator did not specify the criteria to be followed in equalization of claims within subgroups and in assessing the correctness of the performed equalization, limiting itself only to a general indication that a equalization should be performed with taking the common circumstances of the case into account.
4. In assessing the admissibility of examining the case in group proceedings, a group member must have the status of a consumer only in the relationship with the defendant.