Decision of the Court of Appeals in Katowice 1st Civil Division of 12th September 2019
I ACz 629/19
- The Court while deciding on the admissibility of the group proceedings is obliged to issue a decision on the basis of the state of affairs at the time of the issuing of that decision. Thus, all the allegations concerning the original shape of the group action, in particular related to the numerosity of the group and subgroups, are irrelevant for that decision.
- At the stage of examination of the premises on the admissibility of the group proceedings, the Court is solely obliged to make a formal assessment on the admissibility of the group proceedings. However, the Court is not entitled to examine the merits of the claim.
The Court of Appeals in Katowice 1st Civil Division with the following ruling bench:
Presiding Judge: Małgorzata Wołczańska, Court of Appeals Judge
Judges: Joanna Naczyńska, Court of Appeals Judge (rapporteur)
Lucyna Morys-Magiera, Regional Court Judge (delegated)
having examined on 12th September 2019 in Katowice at the hearing in camera the group action filed by J. D. acting as a representative of the group consisting of 33 persons: [data of the group members], who is a group member as well, against (…) Spółka z ograniczoną odpowiedzialnością spółka komandytowa in Ś., for payment,
following the defendant’s complaint against the decision of the Regional Court in Katowice of 4th April 2019, file ref. no. I C 998/18,
- dismiss the complaint;
- entrust the Regional Court to decide on costs of the complaint proceedings in the final ruling.