1. 1. Supplementing the lacks and discrepancies in the scope of joining to the group could have been completed successfully upon the lapse of the period for just joining the group. The acceptance of a different opinion would harm the purposefulness of conducting the group proceedings, which may cover a larger group of persons (group members) and it is difficult to avoid certain oversights or lacks, especially in the scope of notification on joining to the group as well as the need to collect and the meticulously verify the necessary documentation.

1. One can consider a consumer as being a subject of legal relation only in correlation with an entrepreneur. A natural person, in order to become a consumer, should establish legal relations with an entity conducting business activity. In the case of the notion of a consumer, we are not dealing with the personal features of a natural person but the analysis of the obligational relationship, from which the claim is being pursued. In other words, whether a person is a consumer or not, is decided on the basis of whom they enter into relations with and what the nature of the relations is.

1. The composition of the Regional Court is not in accordance with relevant provisions of law if more than one judge from another court sits on the ruling bench. The indicated failure has this effect that the proceedings are invalid in the scope of actions performed in an improper ruling bench composition.

1. Assessing the premises of examination of the case in the group proceedings, the Court examines the statement of claims with regard to the fulfillment of the premises included in Article 6. Article 12 applies in a situation where new participants join to the pending proceedings, who were not covered by the statement of claims, as a result of the issuance of a decision on the announcement on the commencement of group proceedings

The Regional Court in Opole, 1st Civil Division, with the following ruling bench:

Presiding Judge:      Magdalena Domińczyk-Trzciańska, Regional Court Judge

Judges:                       Ryszard Kądziela, Regional Court Judge; Beata Hetmańczyk, Regional Court Judge

having examined on 18th July 2012 in Opole the case filed by J. M. as the group representative [data of 4 group members] and the others against (…) Limited Liability Company in O. for payment,

decides to:

order to announce the commencement of group proceedings before the Regional Court in Opole 1st Civil Division (…) case no. I C 605/11

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

 Presiding Judge: Bożena Charukiewicz, Regional Court Judge

Judges: Juliusz Ciejek, Regional Court Judge; Przemysław Jagosz, Regional Court Judge

having examined on 5^th July 2012 in O. the case filed by B.S. against (…) ltd in O. for payment

hereby decides to:

1. order the announcement on initiation of group proceedings by publishing in the (…) daily the information that a class action to the statement of claims filed by B.S as the representative of the group consisting of: (…) against (…) Ltd. for payment of the amounts arising out of from the decrease in the value of the residential premises acquired from the defendant is pending before the Regional Court in Olsztyn to file ref. no. I C 99/2.

1. Narrowing of the meaning of “the claim for the protection of consumers” to a very narrow scope does not find its substantiation in the literal wording of the Act (Polish Act on pursuing claims in group proceedings). The claimant derived his claims from the construction of the liability for the improper performance of the agreements, to which consumers were parties, which fulfilled the premise of Article 1 section 2 of the Act.

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

Presiding Judge: Bożena Charukiewicz, Regional Court Judge

Judges: Wojciech Wacław, Regional Court Judge; Przemysław Jagosz, Regional Court Judge

having examined on 21^st June 2012 at the hearing in a court the case filed by B.S. against (…) for payment

hereby decides to:

examine the case of B.S., the representative of the group composed of: (…), against (…) for payment in group proceedings.

1. Group proceedings prescribed in the Act on Pursuing Claims in Group Proceedings (Journal of Laws from 2010, No. 7, item 44) are characterized by their division into stages. In the first stage of the group proceedings, the court assesses their admissibility pursuant to Article 10 of the Act on Pursuing Claims in Group Proceedings . A positive judgement in this respect states that the preconditions provided for Article 1 in the said Act are satisfied.

1. Group proceedings examine cases where homogenous claims based on the same or similar factual basis are pursued by at least 10 people. Group proceedings for pecuniary claims are admissible only if the amount of each member’s claim is standardized, taking into account the circumstances which are common for all members of the group. The standardization may be carried out in subgroups of at least 2 people.