Case law > Decision of the Regional Court in Warsaw 25th Civil Division of 7th September 2015

Decision of the Regional Court in Warsaw 25th Civil Division of 7th September 2015
XXV C 711/15

The decision was changed by the decision of the Court of Appeals in Warsaw 6th Civil Division of 23rd March 2016, file ref. no. I ACz 2269/15.

  1. The factual basis of claim in group proceedings consist in the complex of statements indicated by the group representative in the substantiation of the action from which the claims of each group members involved in the action are derived.
  2. The same factual basis of the statement of claims (identical factual circumstances) takes occurs when there is a bond between the group members based on the unity of the damage-causing event. For example, the same factual basis of the claims will occur when members of the group are consumers who concluded individual agreements with a particular entrepreneur on the grounds of the same contract template.
  3. The equal factual basis of claims occurs when a number of similar events occurred, e. g. a number of similar contracts were concluded with one entrepreneur (similarity of events). Whereby, what is relevant, the Court should always examine whether and to what extent the issues common for whole group dominate over the issues which are strictly individual.
  4. With respect to claims based on tort, the claims may be considered as based on the same or equal factual basis if they result from the same type of event (which is a tort in that case).

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

Presiding Judge:     Tomasz Gal, Regional Court Judge (rapporteur)

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

having examined on 7th September 2015 in Warsaw at the hearing in the class action filed by R.D. – the group representative against the State Treasury – General Prosecutor, Regional Public Prosecutor in G. and District Public Prosecutor G.-W. in G. for payment,

hereby decides to:

  1. reject the statement of claims,
  2. award from R.D. – he group representative in favor of the State Treasury – General Counsel to the Treasury the amount of PLN 7,200.00 (seven thousands two hundred zloty 00/100) as a reimbursement for the legal representation.