Decision of the Regional Court in Katowice, 1st Civil Division, dated 18th June 2020
I C 998/18
- In light of Article 12, sentence 2 of the Act on Pursuing Claims in Group 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 group action. For such a list to be effective, it is important that the statements of joining 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:
Presiding Judge: Krzysztof Żyłka, Regional Court Judge
Judges: Agata Młynarczyk-Śmieja, Regional Court Judge;
Katarzyna Zadora, District Court Judge (delegated)
having examined on 18th June 2020, in Katowice, at a session in camera, the case brought by J. D., acting as the representative of a group of thirty-three persons, i.e. [data of 32 members of the group], who is also a member of the group against (…) Limited Liability Company Limited Partnership in Ś. for payment, regarding the complaint of the plaintiffs’ attorney of 1st June 2020,
decides to:
- repeal under Article 395 § 2 of the Code of Civil Procedure the decision of 6th February 2020 in part, i.e. in terms of points 1 and 2;
- determine the composition of subgroups, which include the following persons:
– Subgroup 1: [data of 10 group members];
– Subgroup 2: [data of 7 group members];
– Subgroup 3: [data of 11 group members];
– Subgroup 4: [data of 6 group members];
– Subgroup 5: [data of 5 group members];
– Subgroup 6: [data of 4 group members];
– Subgroup 7: [data of 6 group members].
