The Regional Court in Warsaw 3rd Civil Division in the following ruling bench:

 Presiding Judge:  Joanna Kruczkowska, Regional Court Judge

Judges:  Joanna Bitner, Regional Court Judge (rapporteur), Grzegorz Chmiel, Regional Court Judge

having examined on 15th September 2015 in W. at a hearing in camera the case filed by K.K., the representative of the group against (…) the Housing Association in W. for payment

1. Claims based on an identical factual basis are claims based on the same factual basis (a sensu stricto precondition) or claims with common factual circumstances (a sensu largo precondition). Obviously, there may be slight differences between the individual factual bases of the individual claims, however, the substantial factual circumstances being common for all the claims is required.

The decision was changed by the decision of the Court of Appeals in Warsaw 6^th Civil Division of 23^rd March 2016, file ref. no. I ACz 2269/15.

1. The factual basis of claim in group proceedings consist in the complex of statements indicated by the group representative in the substantiation of the action from which the claims of each group members involved in the action are derived.
2. The same factual basis of the statement of claims (identical factual circumstances) takes occurs when there is a bond between the group members based on the unity of the damage-causing event. For example, the same factual basis of the claims will occur when members of the group are consumers who concluded individual agreements with a particular entrepreneur on the grounds of the same contract template.
3. The equal factual basis of claims occurs when a number of similar events occurred, e. g. a number of similar contracts were concluded with one entrepreneur (similarity of events). Whereby, what is relevant, the Court should always examine whether and to what extent the issues common for whole group dominate over the issues which are strictly individual.
4. With respect to claims based on tort, the claims may be considered as based on the same or equal factual basis if they result from the same type of event (which is a tort in that case).

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

Presiding Judge: Anna Pogorzelska, Regional Court Judge

Judges: Hanna Jaworska, Regional Court Judge, Anna Błażejczyk, Regional Court Judge

having examined on 31st August 2015 in Warsaw at the hearing in camera the case filed by E. L. against A. K. for payment, in the proceedings on establishing the composition of the group composition

The Regional Court in Wroclaw 1^st Civil Division with the following ruling bench:

Presiding Judge:        Aneta Fiałkowska-Sobczyk, Regional Court Judge

Judges:                        Sławomir Urbaniak, Regional Court Judge;

      Dominika Romanowska, Regional Court Judge

having examined on 28^th August 2015 in Wroclaw at a hearing in camera the case filed by [data of 23 individuals] against ‘(…) Spółka z ograniczoną odpowiedzialnością [Limited Liability Company] (…)’ spółka komandytowo-akcyjna [Limited Joint-Stock Partnership] with its registered office in W. for payment

1. For the assessment, whether group proceedings are admissible, in the meaning of Article 10.1 of the Act on Pursuing Claims in Group Proceedings, it is necessary to establish only, whether the claims are: homogenous, pursued by 10 persons, based on an identical or equal factual status. Another premise, specified in Article 1.2 of the Act, relating to the categories of claims that can be pursued in group proceedings, is only of formal meaning in the proceedings preliminary stage. Thus, the group representative who brings the action should indicate, whether the claim that can be pursued in group proceedings (claim enlisted in Article 1.2), whereas the substantive verification of such a claim will take place only after the validation of decision on examining the case in group proceedings.

The decision has been amended by the decision of the Court of Appeals in Warsaw 6^th Civil Division dated 23^rd February 2016, VI ACz 2340/15.

The Regional Court in Warsaw 3^rd Civil Division in the following ruling bench:

Presiding Judge: Mariusz Solka, Regional Court Judge

Judges: Joanna Korzeń, Regional Court Judge, Andrzej Lipiński, District Court Judge (delegated)

having examined on 13^th August 2015 in W. during the hearing in camera the case filed by K.K., the representative of the group against the Housing Association (…) in W. for payment

The Regional Court in Piotrków Trybunalski, having examined, on 13^th July 2015, the case of I.G. – as a group representative against the (…) University of Business (Wyższa Szkoła Handlowa) in P. for payment, during an in camera hearing

hereby decides

1. to publish the following announcement in the next edition of the newspaper (…)

The decision has been amended by the decision of the Regional Court in Warsaw 3^rd Civil Division dated 15^th September 2015, III C 56/15

The Regional Court in Warsaw 3^rd Civil Division in the following ruling bench:

Presiding Judge: Joanna Kruczkowska, Regional Court Judge

Judges: Joanna Bitner, Regional Court Judge (rapporteur), Grzegorz Chmiel, Regional Court Judge

having examined on 15^th September 2015 in W. at a hearing in camera the case filed by K.K., the representative of the group against (…) the Housing Association in W. for payment

1. At the stage of deciding on the group’s composition, the court does not consider the merits of the case. The requirement to demonstrate (in cases concerning pecuniary claims) membership in the group is not identical with the requirement to prove the claims pursued in a content-related manner, which takes place at the stage of examination proceedings.