Case law > Decision of the Court of Appeals in Warsaw 1st Civil Division of 30th December 2015

Decision of the Court of Appeals in Warsaw 1st Civil Division of 30th December 2015
I ACz 1586/15

The decision has been amended by the decision of the Court of Appeals in Warsaw, 1st Civil Division of 10th March 2016, file ref. no. I ACz 1586/15.            

  1. The members of the group are linked with one another by a subjective and objective bond. The subjective bond refers to the individuals in the group who have been injured as a result of the perpetrator’s single action. In group proceedings these individuals pursue claims from one entity (infringer). On the other hand, the objective bond is related to the type of violation which makes it legitimate and possible to simultaneously pursue the claim by the group. The bond existing between the group members must be based on the same or similar factual basis. Therefore, it is of key importance to determine the homogeneity of the claims of individual members of the group which allows them to be covered by a class action.
  2. As the pursued claims need to be homogenous, one should determine whether these are substantive or procedural claims. Nevertheless, it can be clearly assumed that the claims pursued in group proceedings constitute a procedural claim. This homogeneity is expressed by the fact that all the Claimants are seeking the awarding of a specific performance, determination or creation of a legal relationship or a right. Members of the group therefore need to submit the same demand – for the awarding of a performance, for determining the existence or non-existence of a specific right or legal relationship, for establishing a legal relationship or a right.
  3. In group proceedings, in the case of multiple entities on the part of the defendant, the provisions of the CCP on joint participation are applicable.

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

Presiding Judge:                            Przemysław Kurzawa, Court of Appeals Judge

Judges:                                            Marzena Miąskiewicz, Court of Appeals Judge, Maciej Dobrzyński, Court of Appeals Judge

having examined on 30th December 2015 in Warsaw at the hearing in camera the case filed by P.K. against the State Treasury – Minister of Family, Labour and Social Policy for determination following the State Treasury’s – Minister of Labour and Social Policy and Social Security in W. complaint against the decision of the Regional Court in Warsaw of 4th March 2015, file ref. no. I C 599/14

hereby decides to:

  1. dismiss both complaints;
  2. leave the decision on the costs of the appeal proceedings to be rendered at District Court in Warsaw’s discretion in the judgment concluding the proceedings.