Decision of the Regional Court in Szczecin 1st Civil Division of 14th October 2014
I C 762/12

1. The statute of limitation cannot be the grounds for rejecting a class action because the issue of limitation is a substantive matter to be examined only after establishing that a class action is admissible.
2. The condition for initiating group proceedings regarding a cash claim is for all group members, not merely the representative of the group, to give consent to the Court for lump sum damages. Should it be assumed that the Group Representative may submit such a declaration, there would be no obstacle to find that it had been already incorporated in the contents of the statement of claims itself and other pleadings indicated the amounts sought for, without the necessity of submitting a separate document.

The Regional Court in Szczecin, 1^st Civil Division in the following ruling bench:

Presiding Judge: Wojciech Machnicki (rapporteur), Regional Court Judge

Judges: Halina Musiał, Regional Court Judge, Tomasz Sobieraj, Regional Court Judge

having examined on 6^th October 2014 in Szczecin the case for payment filed by K. P. – the representative of the group in the class action against the State Treasury – (…) as a result of the Defendant’s appeal against the decision of the Regional Court in Warsaw dated 13^th October 2015, file ref. no. XXIV C 500/14

decides to:

hear the case in group proceedings.