Decision of the Regional Court in Warsaw 1st Civil Division of 28th May 2015
I C 691/14

1. “The same” factual basis of an action (identicalness of factual circumstances) takes place when a bond based on the unity of the damage-causing event occurs. In turn, an “equal” factual basis of claims takes place when many similar factual events occur. However, from the point of view of group proceedings, such a distinction is neutral. This is because each basis which is the same, is at the same time “equal”, hence, for group proceedings to be admissible, meeting the condition of commonality of the factual basis (equal) suffices.
2. The factual basis of a group action is a conglomerate of factual circumstances equivalent in relation to all members of the group, substantiating the existence of a specific legal relationship.
3. When individual circumstances prevail over circumstances which are common for group members, it does not permit for an assumption that an common factual basis occurs in the dispute.
4. The goals that the Polish legislator sets for the group proceedings must constitute the main point of reference for the assessment of introduced solutions – the means used to realise them. The following is commonly mentioned as the fundamental functions (goals) of the group proceedings: economy of the judiciary, standardisation of awards in specific individual cases, extending access to court – ability to assert one’s claims more effectively and faster.

The decision was changed by the decision of the Court of Appeals in Warsaw of 21^st September 2015, file ref. no. I ACz 1648/15.