Decision of the Court of Appeals in Warsaw 1st Civil Division of 8th April 2016
I ACz 534/16
- For group proceedings to be admissible, it is sufficient that the fundamental circumstances of the factual basis were similar in relation to a sufficient number of people. Whereas is not absolutely necessary for all circumstances constituting the factual basis of demands of individual group members to be common.
- A fundamental circumstance determining the admissibility of group proceedings is the identicalness of the mechanism declared by the claimant. The dissimilarity of standard terms applied to individual group members, the dissimilarity of the policyholder, as well as the dissimilarity of conditions under which the individual contracts may have been concluded, in light of the statement of claims remains of no significance for establishing, whether a valid insurance contract may have been concluded at all, as well as whether a mechanism setting the level of liquidation or handling fees dependent on the term of the contract is admissible at all.