Decision of the Regional Court in Katowice 1st Civil Division of 6th February 2020
I C 998/18
- It should be emphasized that the main purpose of the division into groups or subgroups is the standardization of claims and the easing of seeking pecuniary claims. However, single claim cannot be standardized. The standardization of claims is possible only if there are at least two claims. Moreover, creating a subgroup composed of two people which jointly represent only one claim is not admissible.
The Regional Court in Katowice 1st Civil Division with the following ruling bench:
Presiding judge: Jolanta Polko, Regional Court Judge
Judges: Agata Młynarczyk-Śmieja, Regional Court Judge
Katarzyna Zadora, District Court Judge (delegated; rapporteur)
having examined on 6th February 2020 in Katowice at the hearing in camera the group action filed by J. D. acting as a representative of the group consisting of 33 persons i.e. [personal data], who is a group member as well, against (…) Spółka z ograniczoną odpowiedzialnością spółka komandytowa in Ś., for payment,
decides to
- establish the composition of the subgroups, which include the following persons:
- Subgroup no. 1: [data of 8 persons];
- Subgroup no. 2: [data of 6 persons];
- Subgroup no. 3: [data of 6 persons];
- Subgroup no. 4: [data of 4 persons];
- Subgroup no. 5: [data of 3 persons];
- refuse to grant the status of a group member to the following persons: [data of 6 persons];
- dismiss the defendant’s motion to obligate the plaintiff to pay a deposit to secure the costs of the proceedings.