Decision of the Court of Appeals in Kraków 1st Civil Division of 6th October 2011
I ACz 205/11

1. Legal representation by a professional counsel stemming from Article 4 (4) of the Act on Pursuing Claims in Group Proceedings applies also to the Poviat Consumer Ombudsman whereas an action filed in group proceedings without adherence to the requirement of mandatory legal representation by a professional attorney-at-law or legal counsel is returned without the call to remove the defects.

The Court of Appeals in Kraków, 1^st Civil Division in the following ruling bench:

Presiding Judge: Wojciech Kościółek, Court of Appeals Judge

Judges: Władysław Pawlak, Court of Appeals Judge (rapporteur), Marek Bonecki, Regional Court Judge (delegated.)

Having examined on 6^th October 2011 in Kraków at the hearing in camera the case filed by the Poviat T. Consumer Ombudsman as the group representative (…) against A S.A. in W. for ordering the payment of performances following the complaint lodged by the Poviat Consumer Ombudsman against the decision rendered by the Presiding Judge of the Regional Court in Tarnów dated 21^st January 2011, file ref. no. I C 977/10, during an in camera hearing,

decides to:

dismiss the complaint.