Decision of the Regional Court in Katowice 2nd Civil Division of 17th May 2016
II C 817/13
- The distinction between pecuniary claims and non-pecuniary is significant insofar as in order to establish a member’s affiliation with the group in the scope of non-pecuniary claims, the plausibility is in fact sufficient.
- In the case for the establishment of the non-existence and for payment, the issue of whether the members submitted a declaration on evading the legal effects of one’s declarations of will – or not – is without meaning. The Claimants site the unconditional invalidity of contracts (Article 58 of the Civil Code) and not conditional invalidity, which is dependent on the submission of the declaration. Membership of the group is also not affected by the fact that one of the group members entered into the challenged contract after already being the owner of the premises, as opposed to the remaining members of the group.
The Regional Court in Katowice 2nd Civil Division in the following ruling bench:
Presiding Judge: Agata Stankiewicz – Rataj, Regional Court Judge
Judges: Anna Bogaczyk-Żyłka, Regional Court Judge, Lech Skórski, Regional Court Judge
having examined on 17th May 2016 in Katowice at the hearing in camera the case filed by M. G. – the group representative against: the Housing Association in B. for declaring the of invalidity and for payment
hereby decides to:
- establish the group composition as follows: [14 group members, 4 subgroups];
- dismiss the defendant’s motion to obligate the Claimant to pay a deposit to secure the costs of the litigation.
