Decision of the Court of Appeals in Gdańsk 1st Civil Division of 24th April 2013
I ACz 300/13

1. Requirements that each pleading must fulfill are indicated in Article 126 para 1 of the CCP (Polish Code of Civil Procedure), and additionally – in relation to the statement of claims – also in Article 187 para 1 of the CCP. Moreover, with respect to the matters regarding claims pursued in group proceedings, these requirements are also indicated in Article 6 of the Act of 17 December 2009 on pursuing claims in group proceedings (Journal of Laws from 2010, No. 7, item 44). This provision states that the statement of claims should satisfy the conditions indicated in the code of civil procedure, and also include: 1) the motion for examination of the case in group proceedings, 2) an indication of the circumstances prescribed in Article 1 section 1 of the Act, and in the case of pecuniary claims, also the rules for standardization of the claims of each group or subgroup member, 3) in the case of pecuniary claims, indication of the amount of the claim of each group or subgroup member, 4) the claimant’s declaration that he is acting in the capacity of the group’s representative.
2. The return of the statement of claims due to lack of supplementation of the formal deficiencies can take place only if due to lack of supplementation the case cannot take on a further course. These would have to be the type of deficiencies which would exclude the possibility of giving the case a course, for the purpose of its examination. This premise does not occur in the present case, as even if enumeration of the attachments was laconic or non-precise this does in no way exclude the possibility of taking on further actions connected with examination of the case as to its merits.