Case law > Decision of the Regional Court in Szczecin 1st Civil Division of 9th July 2013
Decision of the Regional Court in Szczecin 1st Civil Division of 9th July 2013
I C 762/12
- The aim of the provisions on group proceedings is facilitating the pursuit of claims even by a very large number of persons who claim that their rights were violated, and who, for various reasons, cannot take the effort connected with individual participation in court proceedings. This aim would be thwarted if the Court could reject the statement of claims due to laconically indicated charges.
- Deciding on the admissibility of group proceedings, the court only examines the formal premises for examining the case in these proceedings. This is supported by the wording of Article 10 of the Act on pursuing claims in group proceedings, which provides for the rejection of the statement of claims in the event of the lack of premises, and not its dismissal. At this stage, the Court does not examine the demands from the content-related point of view. Deciding on the admissibility of group proceedings, the court only ascertains whether commencing to establish the composition of the group as well as to the content-related examination of the case is admissible.
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