1. The charge of the expiration of the claim due to the lapse of the limitation period extends beyond the framework of the initial examination, aimed at assessing the admissibility of the group proceedings, accordingly to Article 10 section 1 of the Act (Polish Act on pursuing claims in group proceedings). The issue of the expiration of the claims is a charge based on substantive law and may be subject to examination during the stage of examination proceedings, it does not however, constitute a formal obstacle substantiating the rejection of the statement of claims. Also the predictions of the Regional Court that perhaps some of the districts did not incur damage at all, do not constitute a circumstance substantiating the rejection of the statement of claims, but – if these were confirmed – could impact the essence of the judgment.

The decision was reversed by the decision of the Court of Appeals in Warsaw of 22^nd August 2012, file ref. no. I ACz 1298/12.

1. The costs of the proceedings are the costs necessary for the purposeful assertion of rights and a purposeful defence. The amount that can be spent on the claimants’ statements, in the event of the dismissal of the claim as being manifestly unfounded, is not covered by the costs of the proceedings. In this respect, the defendant’s motion on obligating the claimant to submit a deposit to secure the costs of the proceedings is completely unsubstantiated.

1. Modification of the statement of claims consisting in bringing forth a new claim in place of the primary one contains a tacit withdrawal of the primary claim. Lodging by the claimant a demand for establishment of liability does not constitute a limitation of the primary demand for payment, but its modification. Both demands are of a spontaneous nature, they are different in terms of content, and they intend to achieve different goals.

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

Presiding Judge:            Katarzyna Sieheń, Regional Court Judge

Judges:                            Ryszard Kądziela, Regional Court Judge

Izabela Bogusz, Regional Court Judge

having examined on 4^th April 2012 in O. at the hearing in camera the case filed by K. K. – group representative of group of residents domiciled at ul. (…) and ul. (…) in K. and the city of K. against the municipality of K. – the President of K. and the district of K. – the Poviat of K. – the Starost of K. on ascertainment,

The decision was amended by the decision of the Court of Appeals in Szczecin of 28^th August 2012, file ref. no. I ACz 399/12.

1. Being a consumer is not an inherent characteristic of an entity, but an indication of its role in business transactions. The source for the establishment of a special consumer protection regime is the natural inequality between consumers and entrepreneurs. The Civil Code contains only a general definition of the term of a “consumer”, it does not determine legal consequences related therewith, which, in turn, are expressed in the frames of regulations of concrete legal relationships in which not only a consumer appears, but as a rule also requirements pertaining to the other party to the consumer relationship. In principle, the protection in specific consumer statutes is rendered dependent on who the consumer enters into a legal relationship with. Most frequently it is an entrepreneur, but also defined in different manner in connection with the purposes of the legal acts describing such relations.

1. For many years the term ‘claim for protection of personal interests’ has been a subject of the Supreme Court’s case law and views of the doctrine. There is no doubt that, in addition to claims of a non-property nature, it also includes property claims.
2. For this reason, the proposal of a different interpretation of this term on the grounds of the Act on Pursuing Claims in Group Proceedings may not be found as requiring yet another pronouncement of the Supreme Court.

1. The claims are homogenous if they arise from one type of a legal relationship. The homogeneity of the claims is determined by an identity of the event from which the damage arose (e.g. a tort public authorities) and a similar type of the pursued claim.

1. The level of complexity of the case is not a gage of the amount of the fee on the statement of claims indicated in the Act (Polish Act on court costs in civil cases). The main criteria which the legislator was directed by in establishing the amount of the fee on the statement of claims in the case of property claims is their value.
2. The statement of claims based on Article 2 section 3 of the Act on pursuing claims in group proceedings, i.e. on the establishment of the defendant’s liability as it follows from the above provision is a type of pecuniary claim, however at the present time, it is not possible to establish the value of the object of the dispute, and thus the amount of the fee relative to the statement of claim, as it is impossible to calculate the general amount of the claims pursued by the group members, before establishing its composition. This will become admissible after the issuance, by the Court, of a decision on composition of the group based on Article 17 section 1 of the Act on pursuing claims in group proceedings. At the present time, in accordance with Article 15 section 2 of the Act on court fees in civil cases, a temporary fee should be established, based on the amount of the damages (amount of the claims) incurred by the already represented group members.

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

Presiding Judge:          Magdalena Domińczyk-Trzciańska, Regional Court Judge

Judges:                           Beata Hetmańczyk, Regional Court Judge;

Ryszard Kądziela, Regional Court Judge

having examined on 29^th February 2012 in Opole the case filed by J. M. – the group representative against (…) sp. z o.o. in O. for payment

1. The definition included in Article 22¹ of the Civil Code is not of an universal nature. It is emphasised in the legal doctrine that the notion of the consumer, which in truth serves the purpose of indicating the objective scope of protection, is differently defined in various statutes, whereas the number of definitions requires a court’s assessment in each case.