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 there interest in the institution of an authorized entity? – reflections against the background of the operation of the registry and the list of authorized entities

  • Magdalena Osmęda

As of June 25, 2023, member states should apply regulations implementing the so-called Representative Actions Directive (i.e., Directive 2020/1828 of the European Parliament and of the Council (EU) of November 25, 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 December...

LEGISLATIVE PROCESS: The Act amending the UDRPG was adopted by the Sejm and the Senate!

  • Agnieszka Trzaska-Śmieszek
  • Magdalena Osmęda

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

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 26 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...

LEGISLATIVE PROCESS: On June 26, 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 25 November 2020 on representative actions for the protection of the collective interests...

Brochure – Changes in Class Proceedings – Implementation of Directive 2020/1828 on representative actions – Opportunities for consumers, risks for businesses

  • 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 order Directive (EU) 2020/1828 of the European Parliament and of the Council of November 25, 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 May 21, 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 11 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...

First Class Action Filed by the Financial Ombudsman Dismissed

  • Maria Łuszpińska

On January 10, 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(3) of the Act of August 5, 2015 on the handling of complaints by financial market entities, the Financial Ombudsman, and the Financial Education Fund (Journal...

NEW DRAFT ACT IMPLEMENTING THE REPRESENTATIVE ACTIONS DIRECTIVE – WHAT HAS CHANGED AND A SUMMARY OF THE NEW REGULATION’S ASSUMPTIONS

  • Agnieszka Trzaska-Śmieszek
  • Magdalena Osmęda

Introduction On 2 April 2024, another – the fifth – draft act 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 – i.e., the Representative Actions Directive (hereinafter: “Directive 2020/1828” or “RAD”) – was published on the...

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