Decision of the Regional Court in Warsaw 24th Civil Division of 1st February 2018
XXIV C 709/15

  1. The necessity to pursue ‘one type of claim’ in group proceedings means that all group members are required to seek damages or the establishment or shaping of a legal relationship or law. However, this does not mean that it is not admissible to submit more than one claim in group proceedings. Group members may submit different types of claims, provided that all of these claims are sought by all group members.
  2. The fact that the basic circumstances making up the factual basis of the claim are the same for a sufficient number of persons is sufficient for the implementation of group proceedings. The convergence of all circumstances constituting a factual basis of individual group members’ claims is not absolutely necessary.

The Regional Court in Warsaw 24th Civil Division in the following ruling bench:

Presiding Judge:            Katarzyna Bojańczyk, Regional Court Judge

Judges:                             Paweł Pyzio, Regional Court Judge

 Agnieszka Bedyńska-Abramczyk, Regional Court Judge

having examined on 1st February 2018 in Warsaw at the open hearing the case filed by Municipal Consumer Ombudsman of the Capital City of Warsaw against (…) S.A. with its registered office in W. for payment and establishment of the defendant’s liability,

hereby decides to:

examine the case in group proceedings.