Decision of the Court of Appeal in Krakow, Civil Division I, dated March 26, 2014
I ACz 417/14
- At the initial stage of the proceedings, which is the filing of a lawsuit and the court’s analysis of the possibility of hearing the case in summary proceedings, the assessment is, by its nature, based on the facts presented by the members of the group in the lawsuit filed; the domain of further proceedings conducted by the court, which will result in a judgment being issued in the case, is, among other things, to verify the claims and factual circumstances presented by the members of the group; the basis for issuing a decision on the admissibility of the case in class action proceedings is the claim filed by the plaintiff and the factual circumstances contained therein, compared with the provisions of Articles 1 and 2 of the Act on Pursuing Claims in Class Action Proceedings.
- Securing the costs of proceedings in class action proceedings is optional. The court makes a decision in this regard after analyzing the request submitted by the defendant.
The Court of Appeal in Krakow, Civil Division I, composed of:
Presiding Judge: SSA Hanna Nowicka de Poraj
Judges: SSA Maria Kus-Trybek, SSA Józef Wąsik (rep.)
having examined on March 26, 2014, in Krakow, in a closed session, the case brought by D. N. – representative of a group consisting of: [data of 49 persons], against (…) with its registered office in N. for payment
as a result of the defendant’s appeal against the decision of the Regional Court in Krakow of November 28, 2013, file ref. no. I C 862/12,
decides:
to dismiss the appeal.
