1. Declarations on joining the group are the object of the group representative’s control in the sense that the group representative may take steps aimed to improve the content of the declaration by a group member (in the manner corresponding to the demand of the statement of claims). As a consequence, the group representative may take steps aimed to make a decision whether the declaration should be submitted to a court or not.
2. A group representative may prove by all possible means of evidence (by e-mail and correspondence register as well) that a declaration on joining the group was timely submitted. The minimum content of the declaration should include explicit will to participate in the group proceedings (interpreted in particular in the light of directives arising from the Article 65 para 1 of the PCC).
3. An announcement on commencement of group proceedings aims to spread the word about pending proceedings, so that interested parties obtain information about the proceedings and its object which are sufficient to decide whether join the proceedings.
4. By issuing a decision on composition of the group, a court not only decides on participation of the particular persons in the group, but also assesses the correctness of including group members in subgroups.

1. Pursuant to Article 12 of Act of 17 December 2009 on pursuing claims in group proceedings, entitled person shall determine his demand, indicate circumstances justifying belonging to a group and provide evidence in a declaration on joining the group. A group representative prepares a list of persons who joined a group and submits it to the court with declarations on joining the group. The court delivers the list to the defendant.
2. Pursuant to Article 17.1. of Act of 17 December 2009 on pursuing claims in group proceedings, after the expiry of the time limit set by the court, not less than one month as of the date of service of the allegations against membership to the claimant, the court shall order a decision on the composition of the group. A court may issue a decision at a session in camera.

The Court of Appeals in Katowice I^st Civil Division in the following ruling bench:

Presiding judge:           SSA Roman Sugier, Court of Appeals Judge

Judges:                           SSA Ewa Jatrzębska, Court of Appeals Judge

                                         SSA Lucyna Morys-Magiera, Court of Appeals Judge

Having examined on 19^th of October 2020 in Katowice on a closed hearing the case filed by J. D. acting as a group representative and as a group member of a group of thirty-three persons, consisting of: : (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…), (…),

The Court of Appeals in Warsaw, 1^st Civil Division in the following ruling bench:

Presiding Judge:        Grzegorz Chmiel, Regional Court Judge

Judges:                        Joanna Bitner, Regional Court Judge,

                                     Ewa Jończyk, Regional Court Judge

having examined on 29^th May 2017 in Warsaw at the hearing in camera the case filed by K.K. as the group representative against the Housing Association (…) in W. for payment

with regard to the amendment of the decision of 24^th January 2017 on establishing group membership on the basis of article 17(1) of the Act of 17^th December 2009 on pursuing claims in group proceedings (case file, p. 1483 et seq.)

hereby decides to:

1. In charges regarding the group membership the defendant should focus on proving that a specific person cannot obtain a group member status. Therefore the charges shall show, as was already said above, that the claim of a specific person (persons) does not have the characteristics of a specific group or does not present a factual link to the claims of other group members or that it is not of the same kind as the group claim. What is important, the defendant’s statements, according to generally applicable procedural rules, shall be proved in a proper manner by presenting relevant evidence.

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

Presiding Judge:      Marzena Miąskiewicz, Court of Appeals Judge

Judges:                      Teresa Mróz, Court of Appeals Judge

                                   Grażyna Kramarska, Court of Appeals Judge

having examined on 23^rd March 2021 at a hearing in camera in Warsaw the case filed by District Consumer Ombudsman in (…) District against (…) Towarzystwo Ubezpieczeń Życie Spółka Akcyjna with its registered office in W. for payment

The Court of Appeals in Lodz 1^st Civil Division with the following ruling bench:

Presiding Judge:           Jacek Pasikowski, Court of Appeals Judge (rapporteur)

Judges:                           Dorota Ochalska-Gola, Court of Appeals Judge

                                        Wiesława Kuberska, Court of Appeals Judge

having examined on 15^th July 2020 in Lodz at a hearing the group action filed by Municipal Consumer Ombudsman in W. against (…) Spółka Akcyjna with its registered office in W. (previously (…) Bank Spółka Akcyjna with its registered office in W.) with the participation of Polish Ombudsman, for the establishment of the liability in group proceedings,

following the defendant’s appeal against the judgement of the Regional Court in Lodz of 3 July 2013, issued in the case to file ref. no. II C 1693/10, and claimant’s complaint against the decision on costs included in the judgement,

decides to:

The Regional Court in Warsaw 2nd Civil Division in the following ruling bench:

Presiding judge:            Marcin Polakowski, Regional Court Judge

Judges:                            Magdalena Antosiewicz, Regional Court Judge

  Sylwia Urbańska, Regional Court Judge

having examined on 20^th November 2020 in Warsaw at the closed hearing the case filed by District Consumer Ombudsman in S. acting as a group representative against (…) S. A. in W. for the establishment of a legal right

hereby declares that:

The Regional Court in Warsaw 14^th Civil Division in the following ruling bench:

Presiding judge:     Paweł Pyzio, Regional Court Judge

Judges:                     Agnieszka Bedyńska-Abramczyk, Regional Court Judge

     Krzysztof Tarapata, Regional Court Judge (delegated)

having examined on 16^th December 2020 in Warsaw at the closed hearing the case filed by Municipal Consumer Ombudsman in W.

against Towarzystwo Ubezpieczeń (…) Spółka Akcyjna with its registered office in W.

for payment and the establishment of a right