Decision of the Court of Appeals in Gdańsk 1st Civil Division of 19th May 2015
I ACz 286/15

1. If individual issues dominate those common for the entire group, then bringing an action for adjudication in group proceedings is not possible.
2. The legislator did not specify which criteria must be followed in standardising claims within subgroups and at assessing the correctness of the performed standardisation, limiting itself to issuing a general guideline for the standardisation to be performed “with consideration of the common circumstances of the case”. The aforementioned issue has not been clarified thus far in the case-law. Therefore, a subgroup covers parties whose claims due to verified circumstances related to individual members of the group could not be standardised within the frames of the group.
3. Dividing members of the group into subgroups according to the demanded damages amounts, by adjusting them to the value of the lowest of them, is possible.