Decision of the Regional Court in Szczecin 1st Civil Division of 23rd October 2015
I C 762/12

1. Indication of specific allegations pertaining to particular persons would only make it possible to state whether these allegations require taking concrete evidence (taking the situations regulated in Articles 228, 229, 230 and 231 CCP into consideration, in which taking evidence is not required), to determine who the person bearing the burden of proof relating to specific circumstances of the case is (irrespective of the general rule laid down in the Article 16 of the Polish Act on Pursuing Claims in Group Proceedings) and to state what conclusions are to be drawn from a potential lack of such evidence.
2. Group proceedings lack grounds for a court to allow the motion to address the National Archive for sending over class sections. According to Article 16 of the Act on Pursuing Claims in Group Proceedings, the duty to deliver all the necessary documents rests, with the representative of the group.
3. The grounds for recognizing the persons designated as group members as the legal successors of the late shareholders are confirmations of the acquisitions of the inheritances and inheritance notarization acts (Article 1025 (1) CC). From the appended confirmation of the acquisition of the inheritance results a legal presumption that the indicated persons are the shareholders’ heirs whose shares are indicated in the class sections of shares (Article 1025 (2) CC).

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

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

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

having examined on 23^rd October 2016 in Szczecin at the hearing in camera an action for payment filed by K. P. – the representative of the group in the class action against the State Treasury – the Minister for the State Treasury

decides to:

establish the following composition of the group: [2166 group members].