Decision of the Court of Appeals in Warsaw, 1st Civil Division of 30th September 2011
I ACz 1441/11

1. The nature of the claims based on Article 446 section 1, 2 and 3 of the Civil Code (CC), Article 448 of the CC, Article 444 section 1 and 2 of the CC, Article 445 section 1 of the CC, Article 447 of the CC, Article 415 of the CC, Article 417 of the CC, qualifies them as pecuniary claims in the part derived from the provisions on the protection of personal rights. Claims on the protection of personal rights from tort actions, as indicated, were excluded from the category of claims, which can be pursued in group proceedings.
2. The claims regarding the costs of treatment, funeral costs, alimony payments or compensation for the significant deterioration of one’s life situation as a result of death of the closest family member do not meet the requirements of the homogeneity.