Decision of the Regional Court in Warsaw 16th Commercial Division of 27th October 2014
XVI GC 676/14

1. In group proceedings the demand must be typical for all the claims. Therefore, the demand raised in group proceedings by the group’s representative must be typical for the entire group he or she is representing. The indicated condition means that a legal or factual situation of the group members must be equal. Of course, slight differences can exist between the individual grounds of the claims, however, it is necessary for the material factual circumstances to substantiate the common request for all of the claims.
2. The group’s representative is obligated to prove a given person’s membership in the group before the court. It is a prerequisite allowing for the inclusion of a specific person within a group bringing a group action in cases on pecuniary claims.

The decision was reversed by the decision of the Court of Appeals in Warsaw of 31^st March 2015, file ref. no. I ACz 166/15.