Decision of the Regional Court in Katowice, 1st Civil Division, dated June 18, 2020
I C 998/18
- In light of Article 12, sentence 2 of the Act on Pursuing Claims in Class Action Proceedings, it is necessary to specify the deadline by which the claimant is required to prepare and submit to the court a list of persons who have joined the class action. For such a list to be effective, it is important that the statements of accession to the group, which are attached to the list, are submitted within the time limit set by the court.
- The main purpose of dividing into groups or subgroups is to standardize claims and facilitate the pursuit of monetary claims. However, it is not possible to standardize a single claim. Standardization of claims is only possible when there are at least two claims. Furthermore, it is not permissible to create a subgroup for two persons who are jointly entitled to a single claim.
The Regional Court in Katowice, 1st Civil Division, composed of the following:
Presiding Judge: SSO Krzysztof Żyłka
Judges: SSO Agata Młynarczyk-Śmieja, SSR Katarzyna Zadora
having examined on June 18, 2020, in Katowice, at a closed session, the case brought by J. D., acting as the representative of a group of thirty-three persons, i.e. [details of 32 members of the group], who is also a member of the group against (…) Spółka z ograniczoną odpowiedzialnością spółka komandytowa in Ś. for payment, regarding the complaint of the plaintiffs’ representative of June 1, 2020,
decides:
- pursuant to Article 395 § 2 of the Code of Civil Procedure, to revoke the decision of February 6, 2020, in part, i.e. in respect of points 1 and 2;
- to determine the composition of subgroups, which shall include the following persons:
– Subgroup 1: [data of 10 group members];
– Subgroup 2: [details of 7 group members];
– Subgroup 3: [details of 11 group members];
– Subgroup 4: [details of 6 group members];
– Subgroup 5: [details of 5 group members];
– Subgroup 6: [details of 4 group members];
– Subgroup 7: [data of 6 group members].
