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 2nd 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 website of...

PLN 15 million as compensation for negligence in state’s protection against flood

On the 22nd March 2024 Kubas Kos Gałkowski concluded the first 11 settlements as a part of settlement negotiations conducted after winning the group proceedings; based on these settlements – our clients (11 entities) will receive compensation in the amount of over PLN 15 million (incl. interest). The injured parties were represented by attorneys Agnieszka Trzaska-Śmieszek and Dominik Gałkowski – partners at...

Directive on representative actions – analysis

  • Agnieszka Trzaska-Śmieszek
  • Magdalena Osmęda

Date of preparation of the study: October 2022, date of the last update: February 2024. The Polish legislator still has not passed any legislation amending the existing regulations to implement Directive 2020/1828. Not even a draft implementation law has reached the Sejm, although according to information published on the RCL website, work on the draft has been underway since late...

State of legislative work on the implementation of the directive on representative actions, one year after the implementation deadline passed

  • Agnieszka Trzaska-Śmieszek
  • Magdalena Osmęda

On 25th December 2023, one year passed since the deadline for the Member States to implement 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 (hereinafter: “Directive 2020/1828”). Poland remains among the few countries that have not yet...

Third-Party Funding of Group Proceedings in Light of the Representative Actions Directive

  • Agnieszka Trzaska-Śmieszek

Poland, despite having received in July of this year a so-called reasoned opinion from the European Commission regarding the infringement of Union law in the implementation of 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 (hereinafter: “Directive...

The draft Act on Representative Actions has been supplemented with a definition of the term “collective interests of consumers”

  • Agnieszka Trzaska-Śmieszek
  • Magdalena Osmęda

Legislative work on the draft act amending the Act on Pursuing Claims in Group Proceedings and certain other acts (RCL, UC 139) – aimed at implementing into the Polish legal system the solutions provided for in the Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the...

Distinctive Features of the Certification Stage in the Newly Proposed “Subtype” of Group Proceedings

  • Agnieszka Trzaska-Śmieszek
  • Magdalena Osmęda

In the next post of the series concerning the draft act of 5th July 2023 (hereinafter: “Draft of 05.07.2023”) implementing 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 (hereinafter: “Directive 2020/1828”) – it is time to take...

Qualified Entity in the New Draft Bill Implementing the Representative Actions Directive

  • Agnieszka Trzaska-Śmieszek
  • Magdalena Osmęda

As announced in our post Poland’s Implementation of the Representative Actions Directive Getting Closer – New Draft Bill, we are launching a series of posts providing a more detailed discussion of the proposed changes aimed at implementing 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...

Polish implementation of the directive on representative actions is getting closer – a new draft act

  • Agnieszka Trzaska-Śmieszek
  • Magdalena Osmęda

For over a month now (since 25th June 2023), provisions implementing 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 (hereinafter: “Directive 2020/1828”) should have been in force in the Polish legal system. The deadline for implementing Directive...

Since June 25, 2023, Poland has been required to apply the provisions implementing Directive 2020/1828 on representative actions

  • Magdalena Osmęda

As of the 25th June 2023, Poland should be applying provisions implementing the 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 (hereinafter: “Directive 2020/1828”). However, to date, the draft act implementing the Directive 2020/1828 has not even...