Decision of the Court of Appeal in Warsaw, 1st Civil Division of the 15th December 2022
I ACz 689/22

1. In group proceedings, the party in the procedural sense is the representative of the group who conducts the proceedings on their own behalf, not the individual members of the group. Adopting a different concept would be inconsistent with a rational interpretation, in particular with the Article 4(1) and (3) of the Act on Pursuing Claims in Group Proceedings.
2. At the stage of examining the admissibility of a case in group proceedings, the legislator introduced a requirement for the homogeneity of the claims of the group members. Homogeneity of claims occurs when the members of the group submit requests for legal protection in the same form to their representative.

The Court of Appeal in Warsaw, 1st Civil Division in the following composition:

Presiding Judge:               SSA Agnieszka Wachowicz-Mazur

having examined on the 15^th December 2022, at a closed session, the case brought by D. D. as the representative of the group against (…) AG in W. (Germany) for payment as a result of the plaintiff’s appeal against the decision of the Regional Court in Warsaw of the 27^th November 2017, file ref. no. III C 1310/16, decides:

1. to amend the appealed decision and refuse to dismiss the action;
2. to leave the decision on the costs of the appeal and cassation proceedings to the court of first instance in its final ruling.