Decision of the Court of Appeals in Warsaw 1st Civil Division of 27th February 2014
I ACz 251/14

1. Claims based on Article 446.3 of the Civil Code, which aim at remedying the damage consisting in significant deterioration in living standards due to the death of the closest family member who died in a construction catastrophe, are of an individual nature and require the factual circumstances concerning the entitled party’s relationship with the deceased to be examined in detail by the court, which opposes the construction of group proceedings and does not allow the existence of legal relationships identical towards all members of a given group to be assumed, and hence the existence of an identical (the same or equal) factual basis to be assumed.

The decision was reversed by the decision of the Supreme Court of 28^th January 2015, file ref. no. I CSK 533/14.