Decision of the Court of Appeals in Warsaw 1st Civil Division of 25th October 2016
I ACz 1703/16

1. The requirement of the common factual basis of claims does not mean that all the facts of the case need to be identical for each member of the group, because always – even in the case of the same basis of the claim – there will be individual circumstances pertaining to individual members of the group. The condition of the common factual basis is met when the facts legitimising the existence of a specific legal relationship which is the basis for the claim are the same for all members of the group.
2. The examination of the admissibility of group proceedings cannot be preceded by an examination of its legitimacy, in this case the latter constituting an analysis of whether the triggering event specified in the statement of claims in reality caused the alleged financial loss, or commercials broadcast at the request of the defendant affected the entities offering motor insurance, or entities offering other insurance products, and also whether the victim of the defendant’s actions could only be persons who have the status of an insurance agent or other persons.

The Court of Appeals in Warsaw, 1^st Civil Division in the following ruling bench:

Presiding Judge:  Jerzy Paszkowski, Court of Appeals Judge

Judges: Marzena Miąskiewicz, Regional Court Judge, Bernard Chazan, Court of Appeals Judge

having examined on 25^th October 2016 in Warsaw at the hearing in camera the case filed by (…) Ltd Office in W. against (…) Society (…) joint stock company for compensation following the defendant’s complaint against the decision of the Regional Court in Warsaw of 6^th June 2016, file ref. no. XVI GC 352/15

hereby decides to:

dismiss the complaint.