Decision of the Regional Court in Warsaw 24th Civil Division of 5th June 2014
XXIV C 269/14
- The claims can be considered as homogenous when they result from one type of legal relationship. Claims pursued by the group’s representative are claims for compensation, resulting from the defendant’s tort, hence they are homogenous claims.
- A factual basis of the claims in group proceedings is a set of statements indicated by the group’s representative in the substantiation of the statement of claims from which the claim of each of the group members expressed in the said statement of claims is derived. An equal factual basis of claims can be spoken of when the fundamental factual circumstances comprising the basis for the demand of the statement of claims are similar.
- In the case of tortious liability, the commonality of the factual basis is preserved when all factual circumstances comprising the grounds of the defendant’s liability occur in relation to all the group members. Therefore, these must be common for all the group members: damage-causing events, a causal link between these events and the damage and the damage itself. Claims stemming from the same type of event (tort) may be recognised as based on the equal (similar) factual basis.
- The issue of the existence of the causal link between the defendant’s specific actions and omissions and the occurrence of damage to an individual undoubtedly belongs to the sphere of factual circumstances resting at the basis of the action. Hence, it is not possible to hear a case in which this issue is differently shaped for various members of the group in group proceedings.
- The objective of the proceedings in the case for the establishment of the defendant’s tortious liability is determining a homogenous principle of the defendant’s liability towards all members of the group and parties which may acquire this status. As it follows directly from the Act on Pursuing Claims in Group Proceedings (Article 2.3) in a declaratory action conducted in group proceedings, the claimant does not have to demonstrate the existence of a legal interest. Such a regulation stems precisely from assuming that – in tortious liability cases – the damage occurrence mechanism is equal for all the members of the group.