Decision of the Regional Court in Warsaw 25th Civil Division of 26th April 2016
XXV C 915/14
- The Act on Pursuing Claims in Group Proceedings does not determine whether group members’ consent to dispositive actions must be expressed before undertaking such action. It seems however, that lege non distinguente, such consent may be expressed either before undertaking of the act or thereafter.
- In cases where the individual members expressed the will to base their claims on two potential substantive law bases, not excluding the possibility of taking advantage of any of them, the group’s representative may alter the order in which to pursue the claims. The altering of the order of the claims to be pursued does not require the consent mentioned in Article 19 of the Act on Pursuing Claims in Group Proceedings.
- A charge of application of a defective construction of modify the claim may in no way be qualified as disqualifying the examination of the case in group proceedings.
- On the grounds of the Act on Pursuing Claims in Group Proceedings, it does not matter whether the claims arise from the same or from different legal relationships.
- At the stage of a preliminary examination, the court examines factual circumstances that are of key significance and common to all members of the group, without a detailed analysis of circumstances characteristic only of single or certain members of the group, but having no influence on the future legal assessment of claims pursued by claimants.
- In Article 2 of the Act on Pursuing Claims in Group Proceedings, there are no premises related to proportionality of the pursued claims.