Decision of the Court of Appeals in Warsaw 1st Civil Division of 31th March 2015
I ACz 166/15

1. The factual basis of the dispute is a set of facts substantiating the claimant’s demand – this basis must include the facts substantiating the legal relations being the object of the dispute above all else. To substantiate the homogeneity of the factual basis, an indication of the event in the form of the broadcasting of advertisements, subsequently recognised to be an act of unfair competition by another court was sufficient.
2. The assessment of the admissibility of group proceedings is of a formal nature and should not be preceded by the assessment of the reasonableness of the claims.
3. Proving the individual damage of each group member, the existence of a causal relationship between the event and the damage as well as the scope of the suffered damage do not constitute the premises of the admissibility of group proceedings. In terms of the admissibility of examining the case in group proceedings, the Act on Pursuing Claims in Group Proceedings does not provide for the requirement of the claimant to prove their claims or even make them plausible.
4. The expected evidence difficulties shall not prejudge the inadmissibility of group proceedings.