Case law > Decision of the Regional Court in Warsaw 25th Civil Division of 26th January 2018

Decision of the Regional Court in Warsaw 25th Civil Division of 26th January 2018
XXV C 148/14

  1. The criteria of group membership are in each case determined by the decision on examining the case in group proceedings.
  2. Charges aimed at demonstrating that a particular person does not fulfil the group membership requirements of participation in the group may be based on: a charge of the lack of the same or equal factual basis of the claim as the claims indicated in the decision on examining the case in group proceedings; the charge that the particular group member’s claim is not homogenous with the claims indicated in the decision on examining the case in the group proceedings; the charge that the amount of pecuniary claim is not standardized with the amount of the other group or subgroup members’ claims; the charge that standardization of the particular group or subgroup member’s claim is not justified by joint circumstances; or a charge that the particular group member’s claim, contrary to the other group members’ claims, does not fall within the objective scope of the Act on Pursuing Claims in Group Proceedings. The allegations may be also based on a failure to comply with the procedural requirements for joining the group.

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

Presiding Judge:            Krystyna Stawecka, Regional Court Judge

Judges:                            Anna Błażejczyk, Regional Court Judge

Tomasz Gal, Regional Court Judge

having examined on 26th January 2018 in Warsaw at the hearing in camera the case filed by J. K. (1) – group representative against Bank (…) S.A. in W. for payment,

hereby decides to:

  1. resume the stayed proceedings with the participation of a new group representative K. P.;
  2. establish the composition of the group, divided into subgroups, which consist in the following persons:

– subgroup 1: [2 persons] (PLN (…));

– subgroup 2: [4 persons] (PLN (…));

– subgroup 3: [3 persons] (PLN (…));

– subgroup 4 : [4 persons] (PLN (…));

– subgroup 5: [3 persons] (PLN (…));

– subgroup 6: [3 persons] (PLN (…));

– subgroup 7: [5 persons] (PLN (…));

– subgroup 8: [2 persons] (PLN (…));

– subgroup 9: [3 persons] (PLN (…));

– subgroup 10: [3 persons] (PLN (…));

– subgroup 11: [3 persons] (PLN (…));

– subgroup 12: [5 persons] (PLN (…));

– subgroup 13: [4 persons] (PLN (…));

– subgroup 14: [5 persons] (PLN (…));

– subgroup 15: [3 persons] (PLN (…));

– subgroup 16: [3 persons] (PLN (…));

– subgroup 17: [2 persons] (PLN (…));

– subgroup 18: [2 persons] (PLN (…));

– subgroup 19: [4 persons] (PLN (…));

– subgroup 20: [6 persons] (PLN (…));

– subgroup 21: [3 persons] (PLN (…));

– subgroup 22: [2 persons] (PLN (…)).