Decision of the Regional Court in Gdańsk, 1st Civil Division, dated 14th October 2019
I C 1664/18
- The requirement of the uniformity of the factual and legal basis of the group members’ demands 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 practically 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:
Presiding Judge: Mariusz Bartnik, Regional Court Judge
Judges: Ewa Karwowska, Regional Court Judge;
Monika Bakuła-Steinborn, Regional Court Judge
having examined on 14th October 2019, in Gdańsk, at a session in camera, the case brought by A. S. (1) – representative of the group consisting of [data of 172 group members] against (…) JSC with its registered office in S. for authorization to perform substitution,
decides to:
rule on the admissibility of group proceedings in the case.