Decision of the Court of Appeals in Warsaw 1st Civil Division of 17th February 2016
I ACa 664/14

1. In a class action for establishment of a defendant’s liability, the claimant is not obliged to prove the occurrence of damage or value of damage incurred by members of the group if these are individual and not common circumstances, yet he has to specify what the damage is for all group members, hence – what loss in assets they consider to be damage arising from a tort constituting the grounds of the claim. Whereas it is the duty of the court to establish and assess whether the loss in assets thus specified may be considered as damage caused by a tort indicated in the statement of claims and whether it is common to all members of the group.
2. The provisions of European law in the European legal order take advantage of the presumption of validity on the same principle as the provisions of national law in the national legal order. In the event of a conflict between provisions of the national law and the provisions of the European law, the administrative authority must be guided by the principle of primacy of the European law.
3. There is no legal basis from which could arise the presumption of the compliance of rules of the national law with the European law. The administrative authority is obligated to assess the compliance of the national provisions with the European law and if they are found to be contradictory, refuse to apply the national law.