Decision of the Court of Appeals in Łódź 1st Civil Division of 15th March 2017
I ACz 366/17

1. The term “claim” within the meaning of Article 1 of the Act on Pursuing Claims in Group Proceedings means the demand of the statement of claims.
2. Not only an action for a performance but also an action for declaration or the shaping of a legal relation or right may be pursued in group proceedings.
3. A class action is admissible if there are nonsignificant dissimilarities among individual basis of the claims provided that the significant factual circumstances substantiate a demand which is common for all claims. The essence of group proceedings is the commonality of the demand which must be typical (common) for all claims.
4. The circumstances which objectively or subjectively diversify the situation of the members of the group are not assessed at the stage of certification.
5. Due to axiological assumptions underlying Article 8 of the Act on Pursuing Claims in Group Proceedings (balance between parties’ rights in the proceedings, prevention of litigiousness), in group proceedings the court should generally allow the motion for the Claimant’s deposit.

The Court of Appeals in Łódź I Civil Division in the following ruling bench:

Presiding Judge:            Dariusz Limiera, Court of Appeals Judge

Judges:                           (…), Court of Appeals Judge; Bożena Rządzińska, Regional Court Judge (delegated)

having examined on 15th March 2017 in Łódź at the hearing in camera the case filed by the Municipal Consumer Ombudsman in W. against (…) S.A. with its registered office in W. for establishment of the defendant’s liability, following the defendant’s complaint against the decision of the Regional Court in Łódź of 19th December 2016, file ref. no. I C 519/16,

decides to:

dismiss the complaint.