Decision of the Court of Appeals in Szczecin 1st Civil Division of 23rd December 2014
I ACz 1055/14

1. Establishing by the court composition of a group with omission of a part of the persons who have submitted a declaration on joining the group, in the event in which the omission is compliant with the claimant’s statements expressed in the course of the proceedings may be recognised to have been made by the claimant themselves. It does not definitely close the possibility for the omitted persons to demonstrate their membership in the group. Such parties may join the group under Article 11 et seq. of the Act of 17 December 2009 on Pursuing Claims in Group Proceedings by submitting a declaration on joining the group.
2. Establishing the composition of the group with the omission of a part of persons who have submitted a declaration on joining the group provides no grounds for the partial rejection of the statement of claims in relation to such parties.
3. Admissibility of examination of a claimant’s alternative claim in group proceedings is conditioned by the fulfilment of the requirement for such an alternative claim to be based on the same or equal (similar) factual basis and the value of the claim of each member of the group to be standardised in considering common circumstances of the case.