Decision of the Court of Appeals in Krakow 1st Civil Division of 10 December 2013
I ACz 2189/13

1. At this point, it should be emphasized that at this stage of the proceedings (determination of the group composition), the court does not examine the merits of the premises for individual defendant’s tort liability for damages and the scope of this liability. The requirement to prove (in cases for pecuniary claims) or to make plausible (in other cases, including cases for establishment) a group membership is not the same as the requirement to prove the pursued claims in terms of content, which only takes place in the examination proceedings.

The Regional Court in Krakow 1^st Civil Division with the following ruling bench:

Presiding judge:           Barbara Górzanowska, Court of Appeals Judge

Judges:                           Wojciech Kościółek, Court of Appeals Judge

                                        Władysław Pawlak, Court of Appeals Judge

having examined on 10^th December 2013 at the hearing in camera the group action filed by Z. R. acting as the representative of the group consisting of: [data of 27 group members] against the State Treasury – Voivode Ś. and the Director of the Regional Board for Water Management in K.; the Ś. Voivodeship; the Poviat of S.; the Municipality of S., for establishment,

following the complaint of the defendant State Treasury – Voivode Ś. and the Director of the Regional Board for Water Management in K. against the decision of the Regional Court in Krakow of 6 September 2013, file ref. no. I C 1419/10,

decides to:

1. dismiss the complaint.