Decision of the Court of Appeals in Warsaw 1st Civil Division of 19th October 2012
I ACz 1777/12
- Partial rejection of the statement of claims is a construction known and applied in judicial practice, despite the lack of clear support in the provisions of the Code of Civil Procedure. There is no reason to deprive the court of such a competency in group proceedings. At the same time the refusal to examine the entire case in the group proceedings, in a situation in which there is no difficulty in separating the claims fulfilling its premises, would be artificial and not in compliance with the postulates of the universality of group proceedings.
- The rejection of the statement of claims in full, as a consequence of ascertainment that only in relation to some group members the group proceedings is inadmissible, would be substantiated only if there were fewer than 10 persons whose claims would qualify for examination in group proceedings (Article 1 section 1 of the Act on group proceedings).
- The applicable provisions of the Act on group proceedings indicate the moment of the proceedings after which declaration of the group member of leaving the group is ineffective. According to Article 17 section 3 of the Act, such situation occurs after issuance of court’s decision on the composition of the group. This is a stage following issuance of court’s decision on admissibility of group proceedings. On the contrary, until the issuance of decision on the composition of the group, making a declaration of leaving from the group is permissible and effective.