Decision of the Court of Appeals in Warsaw 6th Civil Division of 23rd March 2016
I ACz 2269/15
- The admissibility of the group proceedings is assessed on the grounds of the premises stipulated in the Articles 1 and 2 of the Act on Pursuing Claims in Group Proceedings. The premises consist in: a) group size– at least 10 people (Article 1 (1) of the Act on Pursuing Claims in Group Proceedings), b) homogeneity of claims (Article 1(1) of the Act on Pursuing Claims in Group Proceedings), c) similarity of the factual basis (Article 1(1) of the Act on Pursuing Claims in Group Proceedings, d) categories of cases – actions for protection of consumers, claims for establishment of liability for damage caused by hazardous products and claims for establishment of liability for damages inflicted by a tort, except of the claims for protection of personal rights (Article 1(2) of the Act on Pursuing Claims in Group Proceedings), and the premises typical of admissibility of group proceedings concerning pecuniary claims e) standardization of value of each member’s claims (Article 2(1) of the Act on Pursuing Claims in Group Proceedings).
- “The same” factual basis occurs- when there is one multilateral legal relation, however, “equal” factual basis occurs when there are many legal relations. There is no doubt that in the present case merely “equal” factual basis may be considered.
- The factual basis of group proceedings consists in the complex of factual circumstances which substantiate examination of the case in group proceedings. If the facts justifying the existence of particular legal relations are identical with respect to all group members, the condition of similarity of the factual basis is fulfilled. This is not precluded by existence of other additional facts which are a part of the factual basis of the statement of claims (as a nature of individual claims, their maturity and value).
The Court of Appeals in Warsaw 6th Civil Division in the following ruling bench:
The Presiding Judge: Aldona Wapińska, Court of Appeals Judge
Judges: Małgorzata Borkowska, Court of Appeals Judge (rapporteur); Grażyna Kramarska, Court of Appeals Judge
having examined on 23th March 2016 in Warsaw at the hearing in camera in the case filed by R. D. – the group representative against the State Treasury – General Prosecutor, Regional Public Prosecutor in G. and District Public Prosecutor G.-W. in G. for payment, following the claimant’s complaint against the decision of the Regional Court in Warsaw of 17th September 2015, file ref. no. XXV C 711/15,
hereby decides to:
amend the contested decision by reversing the defendant’s motion for the rejection of the statement of claims and examining the case in group proceedings.