Case law > Decision of the Court of Appeals in Wrocław 1st Civil Division of 28th July 2017

Decision of the Court of Appeals in Wrocław 1st Civil Division of 28th July 2017
I ACz 1524/17

  1. The standardization of claims means that the claims at the identical amount for all group members are pursued in group proceedings. The discrepancies between the value of the claims are admissible exclusively by application of the institution of subgroups: members of the same subgroup pursue claims of identical value, whereas the value of claims may be different in the case of different subgroups.
  2. If the pecuniary claims are pursued in group proceedings, the group members must agree that the due compensation will be determined in a lump sum. It means that the compensation will be standardized and the group members will resign from the possibility of pursuing the claims individually and obtaining satisfaction of the claims within the broader scope.
  3. The consent for the standardization of claims must be expressed by all group members.
  4. The list of the group members with the declarations attached, at the moment of filing it in the court is considered to be a specific type of procedural letter. In case of discrepancies within the list, the court is entitled to request the group representative for correction or refuse to include particular parties in the decision on composition of the group.
  5. The lack of the date on the group member’s declaration of intent to join the group does not affect the credibility of the declaration.

The Court of Appeals in Wrocław 1st Civil Division in the following ruling bench:

Jacek Gołaczyński, Court of Appeals Judge

Jan Gibiec, Court of Appeals Judge

Małgorzata Lamparska, Court of Appeals Judge

having examined on 28th July 2017 in Wrocław at the hearing in camera the case filed by D. D. acting on his own behalf and as a group representative against (…) S.A. in W. for establishment of the defendant’s liability, following the defendant’s complaint against the decision of the Regional Court in Wrocław of 21th December 2016, file ref. no. I C 2005/15,

hereby decides to:

dismiss the complaint.