Decision of the Court of Appeals in Warsaw 6th Civil Division of 7th March 2017
VI ACz 177/17

1. Pursuant to Article 1(1) of the Act on Pursuing Claims in Group Proceedings, the collective nature of the proceedings expresses itself in a subjective cumulation (which is required ex lege) of the natural persons who – according to their allegations – are entitled to specific claims belonging to the category of subjective rights.
2. The premises of admissibility of the group proceedings include: homogeneity of the group members’ claims, similar or identical factual basis of the group members’ claims, number of group members, standardization of the pecuniary claims, an objective capacity of the claims to be examined in the group proceedings. Mere cumulative satisfaction of the abovementioned premises facilitates the case to be examined in group proceedings.

The Court of Appeals in Warsaw 6^th Civil Division in the following ruling bench:

Presiding Judge:  Irena Piotrowska, Court of Appeals Judge

Judges:  Aldona Wapińska, Court of Appeals Judge, Magdalena Sajur-Kordula, Regional Court Judge (delegated)

having examined on 7^th March 2017 in Warsaw at the hearing in camera the case filed by the District Consumer Ombudsman in P. against (…) Bank S.A. in W. for the establishment of the defendant’s liability, following the Defendant’s complaint against point 2 of the decision of the Regional Court in Warsaw of 24^th March 2016, file ref. no. XXV C 1575/15,

hereby decides to:

reverse point 2 of the decision of 24^th October 2016 and refer the case to the Regional Court in Warsaw for reconsideration in that extent, leaving the decision on the costs of the complaint proceedings to the Court’s discretion.