Decision of the Regional Court in Warsaw 16th Commercial Division of 6th June 2016
XVI GC 352/15

1. Group members must be bound by a specific subjective and objective bond. The subjective bond pertains to individuals in the group who have suffered as a result of the perpetrator’s single act. In a class action, such individuals pursue claims from one entity (the violator). In turn, the objective commonality is related to the type of violation which has this effect that a joint pursuit of claims by the group is substantiated and possible. The bond existing between members of the group must be based on the same or similar factual basis.
2. In the situation in which the factual and legal basis of the pursued claims and their homogeneous nature are the same for all claimants, standardisation of claims, where claimants decide to litigate in a class action, must be performed in relation to all of them, without a possibility of division into smaller subgroups.
3. This is because it is assumed that individuals within a subgroup are individuals whose claims have been standardised in connection with occurring differences, e.g. the nature of damages sustained thereby in the same event is different (…). The requirement for standardisation of cash claims is dictated by a drive at streamlining group proceedings. Hence, the claim standardisation procedure may not be performed in a random manner, it must take the shared circumstances of the case into consideration.