Decision of the Court of Appeal in Kraków, 1st Civil Division, dated 26th March 2014
I ACz 417/14

1. At the initial stage of the proceedings, which is the filing of a lawsuit and the court’s analysis of the admissibility of hearing the case in group 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 group 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 Group Proceedings.
2. Securing the costs of proceedings in group proceedings is optional. The court makes a decision in this regard after analyzing the request submitted by the defendant.

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

Presiding Judge:           Hanna Nowicka de Poraj, Judge of the Court of Appeal

Judges:                            Maria Kus-Trybek, Judge of the Court of Appeal;

Józef Wąsik, Judge of the Court of Appeal (Judge – Rapporteur)

having examined on 26^th March 2014, in Kraków, in a session in camera, 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 complaint against the decision of the Regional Court in Kraków of 28^th November 2013, file ref. no. I C 862/12,

decides to:

dismiss the complaint.