Decision of the Regional Court in Warsaw 25th Civil Division of 6th June 2017
XXV C 1614/16

1. The examination of group membership consists in comparing group members’ individual claims against the standard claim determined in the decision on examining the case in group proceedings.
2. At the first and second stage of the group proceedings, the defendant should not raise objections aimed at demonstrating illegitimacy of the claims pursued on behalf of the group members. This is because these issues are not the subject of the court’s attention at the first and second stage of a class action. The legitimacy of claims pursued on behalf of particular group members is examined at the third – substantive stage of group proceedings.
3. The division of group members into subgroups based only on the parameter of the amount of pursued claims is admissible.

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

Presiding Judge: Tomasz Gal, Regional Court Judge

Judges: Anna Błażejczyk, Regional Court Judge; Monika Włodarczyk, Regional Court Judge

having examined on 6^th June 2017 in Warsaw at the hearing in camera the case in a class action filed by R.D. – the group representative against the State Treasury – General Prosecutor, Regional Public Prosecutor in Gdańsk and District Public Prosecutor G.-W. in G. for payment,

hereby decides to:

establish the composition of subgroups consisting of the following members [43 subgroups].