Case law > Decision of the Court of Appeals in Cracow 1st Civil Division of 20th June 2012
Decision of the Court of Appeals in Cracow 1st Civil Division of 20th June 2012
I ACz 945/12
- Group proceedings prescribed in the Act on Pursuing Claims in Group Proceedings (Journal of Laws from 2010, No. 7, item 44) are characterized by their division into stages. In the first stage of the group proceedings, the court assesses their admissibility pursuant to Article 10 of the Act on Pursuing Claims in Group Proceedings . A positive judgement in this respect states that the preconditions provided for Article 1 in the said Act are satisfied.
- If pecuniary claims are pursued in group proceedings, despite meeting the subjective and objective preconditions prescribed in Article 1 Sections 1 and 2 of the Act on Pursuing Claims in Group Proceedings, it is also necessary to unify the amount of the claim of each member of the group or subgroup.
- An action in the course of group proceedings may be based on tortious liability.
- Content related parts of the claim in terms of factual grounds are not examined at the stage of assessing the admissibility of group proceedings.
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