1. Pursuant to Article 17 Section 1 of the Act 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 Paragraph 1 of the Code of Civil Procedure as not terminating the group proceedings.
2. Pursuant to the wording of Article 24 Section 1 of the Act on Pursuing Claims in Group Proceedings, to the extent not regulated by the Act, 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 Paragraph 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 group member in group proceedings is substantially similar to that of a litigant: first, the action in group proceedings is brought by a group representative on his own behalf, but also on behalf of all group members (Article 4 Sections 1 and 3 of the Act on Pursuing Claims in Group Proceedings); second, there is a lis pendens between the group member and the defendant (cf. Article 13 Section 1 and Article 24 Section 1 of the Act on Pursuing Claims in Group Proceedings in conjunction with Article 192 Point 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 litigant in the substantive legal sense).

The Regional Court in Kraków, 1^st Civil Division, composed of:

Presiding Judge:               Edyta Barańska, Regional Court Judge

having recognized on 29^th November 2021 in Kraków at a session in camera the case brought by – the representative of the group N. D. against (…) with its registered office in N. for payment in group proceedings

The Regional Court in Elbląg, 1^st Civil Division, composed of:

Presiding Judge:                Arkadiusz Kuta, Regional Court Judge

having recognized on 2^nd August 2021, at a session in camera, the case brought by G. R. against (…) Limited Liability Company (…) with its seat in O. for payment,

The Regional Court in Warsaw, 2^nd Civil Division, composed of:

Presiding Judge:               Magdalena Antosiewicz, Regional Court Judge

having recognized on 29^th January 2021 in Warsaw, at a session in camera, the case of a group action brought by the Poviat Consumer Protection Ombudsman in S. – a group representative acting on behalf of the group consisting of [details of 28 group members] against H. Joint-Stock Company with its registered office in W. for determination,

Presiding Judge:          Tadeusz Bulanda, Regional Court Judge

having recognized on 10^th February 2022 in Warsaw, at a session in camera, the case brought by 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 Regional Prosecutor 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 group whether the claims of individual group members, if any, are not time-barred. The purpose of determining the composition of the group is to verify that the claims pursued 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 Act on Pursuing Claims in Group Proceedings, and the court would individually have to consider whether the statute of limitations was interrupted with respect to individual group members, or whether there was an abuse of rights by the defendant in connection with the raising of the plea of statute of limitations.
4. The demand to establish the defendant’s liability in a group proceedings is not subject to the statute of limitations.

The Regional Court in Elbląg, 1^st Civil Division, composed of:

Presiding Judge:          Arkadiusz Kuta, Regional Court Judge

having recognized on 24^th March 2022 at a session in camera the case brought by G. R. – representative of the group against (…) Limited Liability Company (…) with its seat in O. for payment,

decides to:

establish that the group pursuing claims against (…) Limited Liability Company (…) with its registered office in O. for payment consists of, divided into subgroups:

The Regional Court in Warsaw, 25^th Civil Division, composed of:

Presiding Judge:           Anna Blażejczyk, Regional Court Judge

Judges:                           Dorota Kalata, Regional Court Judge;

Paweł Duda, Regional Court Judge

having recognized on 25^th May 2018 in Warsaw, at a session in camera, the case of a group action brought by the Poviat Consumer Protection Ombudsman in S. against (…) JSC with its seat in W. for determination,

The Regional Court in Warsaw, 1^st Civil Division, composed of:

Presiding Judge:           Alicja Fronczyk, Regional Court Judge

Judges:                            Bożena Jaskuła, Regional Court Judge;

Jacek Bajak, Regional Court Judge

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

The Regional Court in Warsaw, 1^st Civil Division, composed of:

Presiding Judge:            Alicja Fronczyk, Regional Court Judge

Judges:                            Bożena Jaskuła, Regional Court Judge;

 Jacek Bajak, Regional Court Judge

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