Decision of the Regional Court in Kraków, 1st Civil Division, dated 6th September 2013
I C 1419/10
- There are no rational grounds – despite the location of Article 12 of the Act on Pursuing Claims in Group Proceedings – 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 group 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 group proceedings contained in Article 1 Sections 1 and 2 of the Act on Pursuing Claims in Group Proceedings.
The Regional Court in Kraków, 1st Civil Division, composed of:
Presiding Judge: Marta Woźniak, Regional Court Judge
Judges: Agnieszka Włodyga, Regional Court Judge;
Ewa Olszewska, Regional Court Judge
having examined on 6th September 2013, in Kraków, 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 Voivode of Ś., the Director of the Regional Water Management Authority in K.; the Voivodeship of Ś.; the Poviat of S.; the Municipality of S., for determination,
decides to:
- determine that the group consists of: [details of 27 members of the group];
- determine the value of the subject of the dispute as of 11th April 2013 at PLN 17,306,598 (seventeen million three hundred six thousand five hundred ninety-eight zlotys).
