Decision of the Regional Court in Ł‎‎‎ódź 2nd Civil Division of 6th September 2012
II C 1693/10

1. Supplementing the lacks and discrepancies in the scope of joining to the group could have been completed successfully upon the lapse of the period for just joining the group. The acceptance of a different opinion would harm the purposefulness of conducting the group proceedings, which may cover a larger group of persons (group members) and it is difficult to avoid certain oversights or lacks, especially in the scope of notification on joining to the group as well as the need to collect and the meticulously verify the necessary documentation.
2. The act on pursuing claims in group proceedings alone includes an autonomous regulation of the institution of a deposit to secure the costs of the proceedings (being a modification of the so-called plaintiff’s deposit provided in Article 1119 of the Code of Civil Procedure) and does not in any way connect the obligation to pay the deposit with the issue of exemption from the payment of court fees.
3. The estimation of the potential defendant’s costs of the group proceedings must be based on the value of the subject of the proceedings, calculated uniformly for all of the group members, not the value that is calculated separately for each of them. Only the costs of legal representation may be included in the defendant’s proceedings costs, in the event of the full winning of the case.
4. The payment of the deposit in the amount of PLN 43,200, which should once again be specified: solely in cash, will undoubtedly be an impediment for the claimant and will harm the speed and efficiency of the proceedings in the case. Whereas ensuring the efficient and effective court protection in cases examined as group actions is one of the aims of implementing these types of proceedings into the Polish law.

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