Decision of the Regional Court in Warsaw 1st Civil Division of 28th June 2012
I C 147/12

1. Narrowing of the meaning of “the claim for the protection of consumers” to a very narrow scope does not find its substantiation in the literal wording of the Act (Polish Act on pursuing claims in group proceedings). The claimant derived his claims from the construction of the liability for the improper performance of the agreements, to which consumers were parties, which fulfilled the premise of Article 1 section 2 of the Act.
2. The group proceedings must be admissible in relation to every group member, and in a situation in which the claims of certain persons do not bear the features characteristic for the group, the court issues a decision on the rejection of the statement of claims on the grounds of Article 10 of the Act.

The decision was set aside with the decision of the Court of Appeals in Warsaw of 19^th October 2012, file ref. no. I ACz 1777/12. The thesis questioned by the Court of Appeals in Warsaw has been italicised.