Decision of the Court of Appeals in Warsaw 6th Civil Division of 28th December 2017
VI ACz 586/17

  1. The same factual basis of claims occurs when all the claims are based on the same set of facts. This is usually one and the same factual event that is the source of many claims. On the other hand, the similar factual basis occurs when various facts form basis of pursued claims, however these facts are analogical and thus show a connection justifying treating them as ‘similar’.
  2. The similarity of actual events, significant from the point of view of the admissibility of group proceedings, does not assume the necessary identity of these events. Apart from significant similarities, there may also be some discrepancies in the basis of the actual claim regarding the nature of specific individual claims, their maturity, or amount. However, the occurrence of these differences does not constitute an inadmissibility of a class action based on the same basic circumstances that constitute the actual basis of an action. The following differences should be considered as not excluding the possibility of prosecuting a case in group proceedings: different value of redemption of individual insurance contracts, different amount of administrative fees, different amount of remuneration in case of death, differences in the wording of individual clauses of contract templates or names of individual standard terms used by the defendant.

The Court of Appeals in Warsaw 6th Civil Division in the following ruling bench:

Presiding Judge:            Ksenia Sobolewska-Filcek, Court of Appeals Judge

Judges:                            Krzysztof Tuchacz, Court of Appeals Judge

Jacek Sadomski, Court of Appeals Judge (rapporteur)

having examined on 28th December 2017 in Warsaw at the hearing in camera a case for payment filed by the District Consumer Ombudsman in K. (…) against (…) (…) S.A. in W.

as a result of the claimant’s complaint against the decision of the Regional Court in Warsaw of 15th December 2016, file ref. no. XXV C 918/15,

decides to:

amend the contested decision in its entirety by ascertaining the admissibility of hearing the case in group proceedings.