Case law > Decision of the Court of Appeals in Wroclaw 1st Civil Division of 5th December 2017
Decision of the Court of Appeals in Wroclaw 1st Civil Division of 5th December 2017
I ACz 2861/17
- Article 2 (1) of the Act on Pursuing Claims in Group Proceedings explicitly refers to standardisation of the claim amounts, while not e.g. standardisation of the rules for calculating claims.
- There are no grounds to claim that the group members’ declarations of intent on joining the group should include the date on which they were drawn up. There is no such obligation in the Act on Pursuing Claims in Group Proceedings. The date placed on the document does not affect the credibility of the declaration included within its content, but only contains the actual date it was submitted on. The provision of Article 6 (2) of the Act on Pursuing Claims in Group Proceedings only stipulates that a statement of a group member must express their willingness to join the group and their consent for a specific person to act as a group representative.
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