Decision of the Court of Appeals in Warsaw 3rd Labour and Social Security Division of 10th May 2017
III APz 4/17

1. The conditions of admissibility of the class action include the minimum number of group members, homogeneity of the claims, common factual basis of the claims, and in case of pecuniary claims – standardization of values of each group member`s claims taking into account the common factual basis of these claims. Failing to meet any one of these conditions leads to the rejection of the lawsuit on the basis of Article 10 (1) of the Polish Act on Pursuing Claims in Group Proceedings, assessment of compliance with the conditions carried out on the basis of the statements and declarations made in the statement of claims in group proceedings. 

The Court of Appeals in Warsaw 3^rd Labor and Social Securities Division in the following ruling bench:

Presiding Judge:                       Marcjanna Górska, Court of Appeals Judge (rapporteur)

Judges:                                      Magdalena Tymińska, Court of Appeals Judge

                                                   Marzena Wasilewska, Regional Court Judge (delegated)

having examined on 10 May 2017 in Warsaw at the hearing in camera the case filed by R.K. as the representative of the group of police officers: (…)

against the State Treasury – the Minister for Interior and Administration

for payment

following the Claimant’s appeal

against the decision of the Regional Court in Warsaw 21^st Labor and Social Securities Division

dated 11^th October 2016

file ref. no. XXI P 231/15 decides to:

1. dismiss the appeal;
2. not to charge the Claimant with the costs of court proceedings.