Decision of the Regional Court in Warsaw 24th Civil Division of 20th September 2018
XXIV C 500/14

1. A person making a declaration on joining a group is intending to produce not so much a substantive legal effect as a specific procedural effect, however, this effect occurs only at the moment when the list of persons who have joined the group is presented to the court (Article 12(2) of the Act on Pursuing Claims in Group Proceedings), and provided that the representative decides to include the person making the declaration on that list. Therefore, even if the declaration is in a certain sense a substantive law statement, then absolute application thereto of the provisions on making a declaration of will does not seem to be appropriate.
2. The content of the decision on the announcement on commencement of the group proceedings does not determine or limit the factual basis which the claims of individual group members are based on. It is for the court to decide which claims are to be heard in group proceedings, in its decision to hear the case in group proceedings. The announcement is therefore of informative nature.
3. Missing declarations on joining the group may be supplemented upon the representative’s request.