Decision of the Regional Court in Krakow, 1st Civil Division, of September 6, 2013
I C 1419/10
- There are no rational grounds – despite the location of Article 12 of the Act on Collective Redress – for differentiating between the requirements for a declaration of accession to a group of persons who join the group at the initial stage of the proceedings and persons who join the group only after the court’s decision to hear the case in collective proceedings has become final. In both cases, on the basis of the information contained in the declaration of accession to the group, the court assesses whether a given person can obtain the status of a group member or not, and thus whether the requirements for such accession have been met. This assessment is made in terms of the existence of the subjective and objective prerequisites for class action proceedings contained in Article 1(1) and (2) of the Class Action Act.
The Regional Court in Krakow, 1st Civil Division, composed of:
Presiding Judge: SSO Marta Woźniak
Judges: SSO Agnieszka Włodyga, SSO Ewa Olszewska
having examined on September 6, 2013, in Krakow, at a hearing the case brought by Z. R., representative of a group consisting of: [details of the persons comprising the group] against the State Treasury – the Governor of Ś., the Director of the Regional Water Management Authority in K.; the Province of Ś.; the County of S.; the Municipality of S., for determination,
decides:
- to confirm that the group consists of: [details of 27 members of the group];
- to determine the value of the subject of the dispute as of April 11, 2013, at PLN 17,306,598 (seventeen million three hundred six thousand five hundred ninety-eight zlotys).
