Decision of the Court of Appeals in Warsaw 6th Civil Division of 16th February 2017
VI ACz 2711/16
- The examination of the case in the group proceedings is allowed only after cumulative satisfaction of the premises of such proceedings, including: homogeneity of the group members’ claims, equal or identical factual basis of the group members’ claims, number of the group members, standardization of pecuniary claims, subjective capacity of the claims to be examined in group proceedings.
- The requirement of the same factual basis does not mean that all factual circumstances must be identical with respect to each member of the group, because always, even in the case of the same factual basis, there are individual circumstances which refer to particular group members. The factual basis of the claim consists in facts which substantiate the claimant’s demand, therefore, that basis must include facts primarily substantiating the legal relations which are the subject of the statement of claims.
The Court of Appeals in Warsaw 6th Civil Division in the following ruling bench:
Marek Kolasiński, Court of Appeals Judge
Mariusz Łodko, Court of Appeals Judge
Magdalena Sajur-Kordula, Court of Appeals Judge
having examined on 16th February 2017 in Warsaw at the hearing in camera the case filed by the Municipal Consumer Ombudsman in O. against Bank (…) S.A. in W. for payment, following the defendant’s complaint against the decision of the Regional Court in Warsaw of 13th September 2016, case file no. III C 1089/15,
dismiss the complaint.