1. Pursuant to Article 17(1) of the Law on Pursuing Claims in Group Proceedings, the court shall issue a decision as to the composition of the group, which may be amended pursuant to Article 359(1) of the Code of Civil Procedure as not terminating the group proceedings.
2. Pursuant to the wording of Article 24(1) of the Law on Pursuing Claims in Group Proceedings, to the extent not regulated by the Law, the provisions of the Code of Civil Procedure shall apply, which, with respect to the parties to the proceedings, adopts as a rule the succession of litigation (cf., in particular, Article 180 § 1 of the Code of Civil Procedure), and this rule should also be applied to group members in group proceedings.
3. The status of a class member in class proceedings is substantially similar to that of a litigant: first, the action in class proceedings is brought by a class representative on his own behalf, but on behalf of all class members (Art. 4(1) and (3) of the Law on Pursuing Claims in Class Proceedings); second, there is a lis pendens between the class member and the defendant (cf. Articles 13(1) and 24(1) of the Act on Pursuing Claims in Group Proceedings in conjunction with Article 192(1) of the Code of Civil Procedure); thirdly, the court, when issuing a judgment after conducting a group proceeding, decides with respect to each individual member of the group, and not only its representative (the group member is therefore a party in the substantive legal sense).

District Court of Krakow, 1st Civil Division, in the following composition:

Presiding Judge: SSO Edyta Barańska

Having recognized on November 29, 2021 in Krakow at a closed session the case of the claim – the representative of the group N. D. against (…) with its registered office in N. for payment in group proceedings

Elbląg Regional Court in Elbląg I Civil Division composed of:

Presiding Judge: SSO Arkadiusz Kuta

Having recognized on August 2, 2021, at a closed session, the case of the claim of G. R. against (…) Spółka z ograniczoną odpowiedzialnością (…) with its seat in O. for payment,

The District Court of Warsaw, 2nd Civil Division, composed of:

Presiding Judge: SSO Magdalena Antosiewicz

Having recognized on January 29, 2021 in Warsaw, at a closed session, the case of a group action of the District Consumer Advocate in S.  – representing the group acting for [details of 28 group members] against H. Spółka Akcyjna with its registered office in W. for determination,

decides:

suspend the proceedings pursuant to Article 174 § 1.4 of the Code of Civil Procedure.

District Court in Warsaw, 1st Civil Division, composed of:

Presiding Judge: SSO Tadeusz Bulanda

Having recognized on February 10, 2022 in Warsaw, at a closed session, the case of the claim of K. A. against the State Treasury represented by the Minister of Climate and Environment and the Minister of State Assets with the participation of the District Attorney in Warsaw for determination,

1. Persons expressing a desire to join the group (interested in it) may submit a declaration to join the group within the statutory deadline. Exceeding this deadline has certain consequences, since the law excludes the possibility of restoring the deadline for filing the declaration. Failure to submit the declaration within the statutory deadline thus renders it ineffective. The deadline for joining the group is a strict one, so the person wishing to exercise the granted right to join the group only during it should do so within the deadline, and the submission of the declaration should be substantiated. Joining the group after the expiration of the specified statutory deadline should therefore be considered ineffective, i.e. not producing the legal effects that the law attaches to joining the group.
2. Failure to provide even the date of submission of the statement when presented in the proceedings after the deadline set by the Court in the press announcement precludes the possibility of assuming as probable the submission of the statement within the required time limit.
3. The court should determine already at the stage of examining the composition of the class whether the claims of individual class members, if any, are not time-barred. The purpose of determining the composition of the group is to verify that the claims asserted are of one type, based on the same factual basis. Thus, it is the Court’s role at the initial stage of the proceedings to determine the prerequisites for the admissibility of the claim individually defining the situation of the group member, so that at the next stage of the proceedings it will be possible to decide on the merits of the case in terms of the common prerequisites. Otherwise, the substantive adjudication of the case would not differ in any way from the proceedings conducted in the ordinary course with the participation of many plaintiffs in disregard of the provisions of the Law on the Pursuit of Claims in Class Proceedings, and the Court would individually have to consider whether the statute of limitations was interrupted with respect to individual class members, or whether there was an abuse of rights by the defendant in connection with the raising of the statute of limitations.
4. The demand to establish the defendant’s liability in a class action is not subject to the statute of limitations.

Sąd Okręgowy w Elblągu I Wydział Cywilny w składzie następującym:

Przewodniczący:           SSO Arkadiusz Kuta

po rozpoznaniu w dniu 24 marca 2022 r. na posiedzeniu niejawnym sprawy z powództwa G. R. – reprezentanta grupy przeciwko (…) Spółka z ograniczoną odpowiedzialnością (…) z siedzibą w O. o zapłatę,

postanawia:

ustalić, że w skład grupy dochodzącej roszczeń przeciwko (…) Spółka z ograniczoną odpowiedzialnością (…) z siedzibą w O. o zapłatę wchodzą, z podziałem na podgrupy:

District Court in Warsaw XXV Civil Division composed of:

Presiding Judge: SSO Anna Blażejczyk

Judges:                 SSO Dorota Kalata, SSO Paweł Duda

Having recognized on May 25, 2018 in Warsaw, at a closed session, the case of a class action brought by the District Consumer Advocate in S. against (…) S.A. with its seat in W. for determination,

District Court in Warsaw, 1st Civil Division, composed of:

Presiding Judge: SSO Alicja Fronczyk

Judges:                 SSO Bożena Jaskuła, SSO Jacek Bajak

Having recognized on October 23, 2012 in Warsaw, at a closed session, the case filed by B. C. – representative of the class acting for [data 41 of the class members] against the State Treasury represented by the Minister of Health for determination,

District Court in Warsaw, 1st Civil Division, composed of:

Presiding Judge: SSO Alicja Fronczyk

Judges:                 SSO Bożena Jaskuła, SSO Jacek Bajak

Having recognized on May 17, 2012 in Warsaw, at a hearing, a case brought by B. C. – representative of the class acting for [data 41 of the class members] against the State Treasury represented by the Minister of Health for determination,