BROCHURE – GROUP PROCEEDINGS IN POLAND AFTER 15 YEARS

  • Agnieszka Trzaska-Śmieszek
  • Magdalena Osmęda
  • Maria Łuszpińska

Exactly on 19th July 2025, 15 years have passed since the entry into force of the Act of 17th December 2009 on pursuing claims in group (class) proceedings. We invite you to read the brochure entitled ‘Group proceedings in Poland after 15 years’, which summarises the functioning of class action regulations in Poland since the Act came into force. The...

A New Type of Class Action in Consumer Cases – Admissibility Requirements

  • Agnieszka Trzaska-Śmieszek

Under the Act on Pursuing Claims in Group Proceedings, we can now distinguish between traditional class actions and representative class actions. The legislator has decided to modify the conditions that a case must meet to be admissible in a group procedure, writes Agnieszka Trzaska-Śmieszek, attorney-at-law and partner at KKG Legal Kubas, Kos, Gałkowski i Wspólnicy sp. k. For a little...

Is the institution of a qualified entity popular? – reflections on the operation of the register and the list of qualified entities

  • Magdalena Osmęda

As of 25th June 2023, Member States should apply regulations implementing the so-called Representative Actions Directive (i.e., Directive (EU) 2020/1828 of the European Parliament and of the Council of 25th November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC). The provisions of the directive themselves were to be implemented by 25th...

LEGISLATIVE PROCESS: The Act amending the Class Action Act was adopted by both Sejm and Senate!

  • Agnieszka Trzaska-Śmieszek
  • Magdalena Osmęda

The Act amending the Act on Pursuing Claims in Group Proceedings (further: “Class Action Act”; Sejm prints no. 148 and 153) has been adopted! On the 24th July 2024, the Act was passed by the Sejm of the Republic of Poland, and the very next day (on the 25th July  2024) it was approved without amendments by the Senate. Once...

LEGISLATIVE PROCESS: Parliamentary Committees have completed work on the draft act implementing the directive on representative actions

  • Agnieszka Trzaska-Śmieszek
  • Magdalena Osmęda

The legislative process relating to the governmental draft act amending the Act on Pursuing Claims in Group Proceedings and certain other acts (print no. 437) is not slowing down despite the holiday period. On 26th June 2024, the Sejm of the Republic of Poland referred the governmental draft act amending the Act on Pursuing Claims in Group Proceedings and certain other...

LEGISLATIVE PROCESS: On 26th June 2024, the first reading of the draft bill implementing the Representative Actions Directive was held

  • Agnieszka Trzaska-Śmieszek
  • Magdalena Osmęda

We are following the legislative process concerning the government draft bill amending the Act on Pursuing Claims in Group Proceedings and certain other acts (Sejm print no. 437), which aims to implement into Polish law Directive (EU) 2020/1828 of the European Parliament and of the Council of 25th November 2020 on representative actions for the protection of the collective interests of...

Brochure – Changes in group proceedings – Implementation of Directive 2020/1828 on representative actions – opportunities for consumers, risks for entrepreneurs

  • Agnieszka Trzaska-Śmieszek
  • Magdalena Osmęda

A government bill to amend the Act on pursuing claims in group proceedings and certain other acts (Printing No. 437), which is to implement into the Polish legal system Directive (EU) 2020/1828 of the European Parliament and of the Council of 25th November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC –...

The Council of Ministers has adopted the draft act implementing the Representative Actions Directive

  • Agnieszka Trzaska-Śmieszek
  • Magdalena Osmęda

On the 21stMay 2024, a meeting of the Council of Ministers was held, during which the Council was scheduled to consider the draft act amending the Act on Pursuing Claims in Group Proceedings and certain other acts (UC16). According to media reports, the Council of Ministers adopted the aforementioned draft act at the meeting. This means that the draft should...

Draft Act Implementing the Representative Actions Directive – Update Based on the 11th April 2024 Draft

  • Agnieszka Trzaska-Śmieszek
  • Magdalena Osmęda

Introduction In April, the government still had not adopted the draft law implementing Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC – commonly referred to as the Representative Actions Directive (hereinafter: “Directive 2020/1828” or “RAD”); the legislative work is...

First Class Action Filed by the Financial Ombudsman Dismissed

  • Maria Łuszpińska

On 10th January 2024, the Financial Ombudsman announced on the official website https://rf.gov.pl/ that he had filed his first class action lawsuit — exercising the powers granted to him by the legislator under Article 17 Section 3 of the Act of 5th August 2015 on the Handling of Complaints by Financial Market Entities, the Financial Ombudsman, and the Financial Education Fund (Journal...

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