Decision of the Regional Court in Gdańsk, 1st Civil Division, of October 14, 2019
I C 1664/18
- The requirement for the factual and legal basis of the group members’ claims to be identical is considered to be met when the group members derive their claims from the same event, i.e., from agreements concluded separately by each group member with the defendant, which contain virtually identical provisions regarding the obligation.
- Given the identical nature of the provisions concerning contractual obligations, it is irrelevant that some of them were included in preliminary sales agreements and some in development agreements.
The Regional Court in Gdańsk, 1st Civil Division, composed of the following:
Presiding Judge: SSO Mariusz Bartnik
Judges: SSO Ewa Karwowska, SSO Monika Bakuła-Steinborn
having examined on October 14, 2019, in Gdańsk, at a closed session, the case brought by A. S. (1) – representative of the group consisting of [data of 172 group members] against (…) S.A. with its registered office in S. for authorization to perform substitution,
decides:
to rule on the admissibility of class action proceedings in the case.