Decision of the Regional Court in Warsaw 1st Civil Division of 4th March 2015
I C 599/14

1. Fulfilling the precondition of the homogeneity of claims pursued by members of the group in principle requires all claimants (members of the group) to request the granting of legal protection in the same form, and therefore it requires all claimants to raise the same demand. Thus, it is fitting to draw attention to the fact that in the assessment of the Court of Appeals in this composition, homogeneity of claims mentioned in Article 1.1 of the Act on Pursuing Claims in Group Proceedings undoubtedly refers to procedural claims whereas not to substantive law claims. The legislator did not at all make the possibility of pursuing a claim in group proceedings dependent on its being based on the same substantive law basis.
2. The legislator did not rule out a possibility of pursuing more than one claim in group proceedings. Therefore, in this situation, the appropriate application of Article 191 of the Code of Civil Procedure in such proceedings must be recognised as admissible.
3. The legislator’s unquestionable intention was to facilitate (and not render more difficult) pursuing claims by consumers or parties who sustained damage in connection with a hazardous product or tort. Thus, the interpretation of the provisions of the Act on Pursuing Claims in Group Proceedings should be carried out in such a manner as to render pursuing such claims easier for group members.