Decision of the Court of Appeals in Warsaw 1st Civil Division of 28th September 2017
I ACz 1254/17

1. From the point of view of a decision on admissibility of group proceedings (Article 10 of the Act on Pursuing Claims in Group Proceedings), first and foremost, it is important if group proceedings may be conducted in the particular case, so as to eliminate the necessity of conducting a number of individual cases.
2. The issues connected with establishing the group’s composition and, then, legitimacy of claims do not constitute premises for admissibility of group proceedings. The compositions of the group is established in the context of more extensive procedural material gathered to parties’ initiative in course of the proceedings.

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

Maciej Dobrzyński, Court of Appeals Judge

Marzanna Góral, Court of Appeals Judge

Agnieszka Wachowicz-Mazur, Court of Appeals Judge

having examined on 28^th September 2017 in Warsaw at the hearing in camera the case filed by (…) in O. against (…) S.A. with its registered office in W. for the establishment of the defendant’s liability,

following the defendant’s complaint against the decision of the Regional Court in Warsaw of 15^th March 2017, case file no. I C 1281/15,

decides to:

dismiss the complaint.