Decision of the Court of Appeals in Warsaw, 6th Civil Division of 9th March 2012
VI ACz 316/12

1. The level of complexity of the case is not a gage of the amount of the fee on the statement of claims indicated in the Act (Polish Act on court costs in civil cases). The main criteria which the legislator was directed by in establishing the amount of the fee on the statement of claims in the case of property claims is their value.
2. The statement of claims based on Article 2 section 3 of the Act on pursuing claims in group proceedings, i.e. on the establishment of the defendant’s liability as it follows from the above provision is a type of pecuniary claim, however at the present time, it is not possible to establish the value of the object of the dispute, and thus the amount of the fee relative to the statement of claim, as it is impossible to calculate the general amount of the claims pursued by the group members, before establishing its composition. This will become admissible after the issuance, by the Court, of a decision on composition of the group based on Article 17 section 1 of the Act on pursuing claims in group proceedings. At the present time, in accordance with Article 15 section 2 of the Act on court fees in civil cases, a temporary fee should be established, based on the amount of the damages (amount of the claims) incurred by the already represented group members.