Decision of the Regional Court in Warsaw 25th Civil Division of 15th December 2016
XXV C 918/15

Non-final decision.

1. Admissibility of a legal course depends on the factual circumstances provided by claimant as a basis of the claim. It is not contingent upon the demonstration of the existence of the claim. Neither is it dependent on the defendant’s charges or the defence method selected thereby. Court proceedings should prove whether the assertions presented in the statement of claims find a legal basis in provisions of substantive law. The court assesses only the admissibility of group proceedings i.e. the circumstances which substantiate examination of the case in group proceedings.
2. A factual basis of the claims in group proceedings should be understood as the set of facts which substantiate Claimant’s claims in group proceedings. Claims may be based on the same or equal factual basis. Such claims should result from the same event or from similar events. When the same set of facts is the basis of rights and the parties to the proceedings are bound thereby, such a situation should be deemed as the same factual basis. In turn a set of analogical facts in the scope of a specific claim should be deemed as the equal factual basis.

The Regional Court in Warsaw, 25^th Civil Division, in the following ruling bench:

Presiding Judge: Anna Pogorzelska, Regional Court Judge

Judges: Krystyna Stawecka, Regional Court Judge; Anna Ogińska-Łagiewka District Court Judge (delegated)

having examined on the 15^th December 2016 at the hearing in Warsaw, the case filed by the Consumer Ombudsman against (…) joint stock company with the registered office in Warsaw, for payment,

decides to:

reject the statement of claims in group proceedings.