Decision of the Court of Appeals in Warsaw 1st Civil Division of 20th March 2019
I ACz 43/19

1. The declaration on joining the group is not a procedural letter and the representative of the group is not a procedural body, therefore the procedure for remedying formal irregularities in a procedural letter referred to in Article 130 CCP may not be applied to the declaration on joining the group.
2. The internal relations between the group and the representative are governed by Article 16(2) of the Act on Pursuing Claims in Group Proceedings, under which the claimant may obligate a group member to submit additional evidence and explanations within a specified period of time and only this provision may provide a legal basis for remedying formal defects in the declaration on joining the group, including such defects as the lack of signature of the authorised person.
3. It is admissible to show by any means of evidence that they belong to a group of persons who have reported such an accession, even if with defects in the form of the declaration. The group representative may also demonstrate compliance with the deadline for submission of the declaration using a logbook or attached e-mails. However, it is important for the declaration on joining a group of persons pursuing claims in group proceedings to express a firm and unambiguous willingness to participate in the proceedings and not merely a potential interest in joining the group in the future.
4. A declaration made orally in the course of a telephone call may not be repaired in terms of form.