1. The admissibility of group proceedings, on the grounds of Article 1.2, provided the action is limited to the demand of the establishment of the defendant’s liability (Article 2.3), is decided by the legal qualification of the claim that the members of the group intend to pursue in the later cases with the use of the precedent obtained in group proceedings. If such a claim falls within the subjective scope of the Act indicated in Article 1.2, group proceedings on the establishment of the defendant’s liability is admissible. The Court can establish the existence of an interest in initiating group proceedings on the part of the group members on the basis of the future monetary claims indicated therein. The Court can, for this purpose, call upon the group members to specify the individual claims, which they intend to pursue on the basis of a precedent obtained in group proceedings.

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

Izabela Baca, Regional Court Judge

Piotr Jarmundowicz, Regional Court Judge

Krzysztof Rudnicki, Regional Court Judge

having examined on 14^th January 2015 in Wrocław at the hearing in camera in the class action filed by E. S. acting as a group representative against (…) Bank (…) S.A. in W. for payment,

hereby decides to:

order the announcement on the commencement of group proceedings.

The Regional Court in Wrocław 1st Civil Division in the following ruling bench

 Presiding Judge:     Aneta Fiałkowska-Sobczyk, Regional Court Judge

Judges:                     Sławomir Urbaniak, Regional Court Judge, Marcin Śmigiel, Regional Court Judge

having examined on 7th January 2015 in Wrocław at the hearing in camera the case filed by (…) against (…) limited liability company (…) (…)  limited joint-stock partnership with its registered office in W. for payment

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

Ewa Zalewska, Court of Appeal Judge

Ewa Zalewska, Court of Appeal Judge

Ewa Zalewska, Court of Appeal Judge

having examined on 30^th December 2014 in Warsaw at the hearing in camera in the case filed by the Municipal Consumer Ombudsman in W. against (…) Towarzystwo (…) S.A. with its registered office in W. for the payment following the defendant’s complaint against the decision of the Regional Court in Warsaw of 8^th August 2011, file ref. no. III C 1322/13,

hereby decides to

1. discontinue the proceedings relating to the complaint;
2. entrust the Regional Court in Warsaw to decide on the costs of the proceedings relating to the complaint in the final ruling.

1. Establishing by the court composition of a group with omission of a part of the persons who have submitted a declaration on joining the group, in the event in which the omission is compliant with the claimant’s statements expressed in the course of the proceedings may be recognised to have been made by the claimant themselves. It does not definitely close the possibility for the omitted persons to demonstrate their membership in the group. Such parties may join the group under Article 11 et seq. of the Act of 17 December 2009 on Pursuing Claims in Group Proceedings by submitting a declaration on joining the group.

The Regional Court in Warsaw 1st Civil Division in the following ruling bench:

Presiding Judge: Grzegorz Tyliński, Regional Court Judge, Bożena Chłopecka, Regional Court Judge, Ewa Ligoń-Krawczyk, Regional Court Judge

having examined on 17th December 2014 in Warsaw at a hearing the case filed by P.K. against the State Treasury – the Minister for Labour, Employment and Social Policy, and against the Social Insurance Institution in W., (…) Ltd in W., (…) Ltd in W., (…) Ltd in W., (…) Ltd in W. in liquidation, (…) Ltd in W., (…) Ltd in W., (…) Ltd in W. for determination

1. The legislator did not indicate the criteria to be followed by the Court in the assessing the legitimacy of the motion for securing the costs of the trial. At the same time, he vested this institution with a facultative nature. Hence, it is fitting to bear in mind that on the one hand, the institution of the deposit serves to protect the defendant’s interests and is to counteract abusive actions. On the other hand, it may not limit the possibility to pursue claims in group proceedings by obligating the group representative to pay at the initial stage of the trial, a part of the predicted costs thereof in the event of losing the case. Moreover, it is also fitting to adhere to the principle of equal treatment of parties.

1. Claims concerning adjustment of salaries for inflation do not fit within the catalogue of claims, the pursuit of which is admissible in group proceedings, under Article 1.2 of the Act of 17 December 2009 on Pursing Claims in Group Proceedings. Potential underestimation of the salary related to the failure to adjust it should therefore be the subject of a dispute for remuneration. There is no need to refer to tortious liability.

1. Individuals, whose declarations on joining the group were attached to the statement of claims, acquire the status of group members when a decision on the admissibility of group proceedings becomes legally valid. In turn, individuals who have joined a group as a result of the publication of an announcement on initiating group proceedings, acquire the status of a group member when the decision establishing the group composition becomes legally valid.

1. A definition of a consumer included in Article 22¹  of the Civil Code, combines the subjective and objective criterion, indicating that only a natural person in a legal situation consisting in performing an act in law aimed at bearing a legal effect in its relationship with an entrepreneur may be considered a consumer. This provision should be understood as limiting the notion of a consumer only to the relationships between a natural person and an entrepreneur.