Decision of the Regional Court in Gdańsk 15th Civil Division of 21th August 2012
XV C 1216/12

1. Assessing the premises of examination of the case in the group proceedings, the Court examines the statement of claims with regard to the fulfillment of the premises included in Article 6. Article 12 applies in a situation where new participants join to the pending proceedings, who were not covered by the statement of claims, as a result of the issuance of a decision on the announcement on the commencement of group proceedings.
2. The factual basis therefore is the same, as each of the members cites being misled and unaware of the conclusion of the agreement despite its factual conclusion, while it is of no importance on what date the agreement was concluded, as that circumstance does not have an impact on the admissibility of the examination of the case in group proceedings. The claim of each of the members should be qualified as based on equal grounds as it is based on identical agreement.
3. At the present stage there is a lack of the generation of costs on the side of the defendant, which would create a premise obligating the claimant to secure the costs of the proceedings. The declaration of the defendants alone that they are at the stage of searching for a proxy, does not constitute a sufficient assumption to state that securing the costs of the proceedings is necessary.

The stance included in the thesis no. 1 was questioned by the Court of Appeals in Gdańsk in the decision of 14^th May 2013, I ACz 464/13.