Decision of the Regional Court in Płock 1st Civil Division of 13th November 2014
I C 863/12

  1. In the Court’s assessment: [personal details of all members of the group] have complied with all requirements entitling them to appear in the present case in the capacity of members of the group.
  2. In May 2010, each of the mentioned parties owned property (movable or immovable) on the area flooded with flood waters and, in connection with the flooding in May 2010 and June 2010, suffered damages to property. Whereby, (…) – as a legal successor, by way of inheritance after the husband (…). All parties submitted declarations compliant with Article 6.2 of the Act of 17 December 2009 on Pursuing Claims in Group Proceedings, i.e. they indicated the demand raised, the circumstances substantiating the demand, group membership, and evidence.
  3. All the claims raised by the above-mentioned parties are claims of the same type in the meaning of Article 1.1 of the aforementioned Act – for the establishment of joint and several liability of the defendants in the case for the repair of the damage caused in the outcome of the defendants’ tort, which is comprised of the defendants’ negligence in the scope of their flood protection duties, which had jointly contributed to the failure of the flood bank located along the left bank of the Wisła River, 611th km of the Wisła River, in the locality of Świniary, Słubice municipality, Plock district, on 23 May 2010, and subsequently two-time flooding, in May and June 2010, of the terrain located on the left bank of the Wisła River in the Iłowsko-Dobrzykowska Valley area. Hence they are based on the same factual basis.