Decision of the Regional Court in Warsaw 25th Civil Division of 30th January 2018
XXV C 1575/15
- If only one of the potential demands pursued in group proceedings is common for 10 group members, the whole statement of claims may be examined under the Act on Pursuing Claims in Group Proceedings.
- In group proceedings, the statement of claims is regarded as a complete whole and it is not possible for the statement of claims to be rejected towards certain group members and at the same time not be rejected towards the others. The group representative acts on their own behalf (Article 4.3 of the Act on Pursuing Claims in Group Proceedings) and they merely have the right to stand in the proceedings – the group representative is the only a claimant. It is not possible to reject the statement of claims filed by individuals who are not claimants.
- All changes concerning the demand of the statement of claims connected with the limitation of the claim require the consent of more than half of the group members (Article 19.1 of Act on Pursuing Claims in Group Proceedings). That is why, the order to correct formal defects cannot aim to withdraw a part of the suit or limit the claim. Such transformations of the suit cannot be required in the form of the order to correct formal defects.
The Regional Court in Warsaw 25th Civil Division in the following ruling bench:
Presiding Judge: Anna Błażejczyk, Regional Court Judge (rapporteur)
Judges: Dorota Kalata, Regional Court Judge
Monika Włodarczyk, Regional Court Judge
having examined on 30th January 2018 in Warsaw at the hearing in the group proceedings the case filed by District Consumer Ombudsman in P. against (…) Bank S.A. in W. for payment, alternatively for the establishment of the defendant’s liability, and the case filed by the District Consumer Ombudsman in P. against (…) Bank S.A. in W. for the establishment of the defendant’s liability, alternatively for shaping of the legal relation,
hereby decides to:
examine the cases in group proceedings.
