Decision of the Court of Appeals in Warsaw 3rd Labour and Social Security Division of 19th August 2016
III APz 16/16
- As one of the goals of group proceedings, procedural economy can also be realised in proceedings with multiple claimants in labour and employment cases regulated in the CCP and in proceedings consisting of many separate cases of individual claimants joined according to Article 219 of CCP for joint examination. Thus the fact that the legislator created a separate statute regulating proceedings in the cases strictly listed therein cannot be overlooked.
- It is necessary for the Court to examine whether the pursued claim belongs to any of the types of claims listed in the Act on Pursuing Claims in Group Proceedings. The Court did not overstep the permitted limits of examination of the admissibility prerequisites of group proceedings by examining the substantive legitimacy of the claim to the extend necessary to determine whether the claim qualifies as any of the ones listed in Article 1 (2) of the Act on Pursuing Claims in Group Proceedings.
- of the pursuit by each claimant of 2 monetary claims based on 2 distinct legal bases, each of them based on distinct factual bases, cannot be assessed as compliant with the homogeneity of claims prerequisite.
- The formation of subgroups should be justified by a common factual basis exclusive for the members of a subgroup only.
The Court of Appeals in Warsaw 3rd Division of Labour and Social Securities in the following ruling bench:
Presiding Judge: Renata Szelhaus, Court of Appeals Judge (rapporteur)
Judges: Anna Kubasiak, Court of Appeals Judge, Genowefa Glińska, Court of Appeals Judge
having examined at a hearing in camera the case filed by (…) against the State Treasury – the Minister for Internal Affairs in Warsaw for payment following the Claimant’s appeal against the decision of the Regional Court in Warsaw 21st Labour Division dated 21st October 2015, file ref. no. XXI P 70/15
hereby decides to:
dismiss the appeal.
