The Court of Appeals in Kraków, 1st Civil Division in the following ruling bench:
Józef Wąsik, Court of Appeals Judge
Władysław Pawlak, Court of Appeals Judge (rapporteur), Jerzy Bess, Court of Appeals Judge
having examined on 7th March 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 21st January 2011, file ref. no. I C 977/10, during an in camera hearing,
decides to:
refer the following legal issues to be resolved by the Supreme Court [of Poland]:
a) whether the mandatory legal representation prescribed by Article 4 (4) of the Act on Pursuing Claims in Group Proceedings should apply when the Consumer Ombudsman acts as a group representative and the case concerns consumers’ claims?
in the case of a positive answer
b) whether filing an action in group proceedings by a person who is not professional attorney-at-law should be deemed as a formal defect which could be supplemented pursuant to Article 130 CCP?