Dominik Gałkowski, attorney-at-law and co-managing partner at Kubas Kos Gałkowski, has commented on students’ plans to bring a class action against the University of Warsaw. The spread of Covid-19 resulted in necessary transition to distance learning. Students complain that the quality of training has been significantly lowered and the classes they are provided are more like online course. On this ground students demand reduction of tuition.
According to the counsel’s opinion published in an article in Rzeczpospolita on the 21st of September 2020, in formal terms students are perfect group to bring a class action. Their claims are alike, based on the same factual background and can be easily standardized as it comes the height. That brings to the conclusion that prima facie requirements as to the admissibility of court’s examination in group proceeding are met.
However, Dominik Gałkowski underlines that the potential group will have to prove that the University calculates the tuition unlawfully. Providing the tortious liability is assigned, students will be entitled to file for awarding concrete sum of money individually.
In formal terms the amount of each of the claims can also be standardized (unified) so as to enable students to file for pecuniary claim directly.
Students of the other polish University have already brought class action once, here you can read about the history of that proceeding.
