Decision of the Regional Court in Warsaw 26th Commercial Division on 14th May 2018
XXVI GC 619/17

1. At the preliminary stage of the case, merely the circumstances which justify (or not) the examination of the case in the group proceedings, are significant for the court. The verification of the facts indicated in the lawsuit, as facts justifying acceptance of the claim, will always be the object of the evidentiary hearings at the stage of the substantive examination of the case.
2. For the purposes of the preliminary assessment of the admissibility of the group proceedings, the facts provided by the plaintiff are binding for the court. It is assumed that the assessment of the nature of the case takes place within the framework of the claim indicated by the plaintiff and facts provided by it. These circumstances concretize the legal relationship between the parties, shape the nature of the case and thus decide whether the case is a civil case or not.

The Regional Court in Warsaw 26^th Commercial Division with the following ruling bench:

Presiding Judge:            Karolina Toczyńska, Regional Court Judge (rapporteur)

Judges:                            Agnieszka Owczarewicz, Regional Court Judge

Anna Hrycaj, Regional Court Judge

having examined on 14^th May 2018 in Warsaw at the hearing in camera the group action filed by T. G. acting as a group representative against (…) spółka z ograniczoną odpowiedzialnością in W., K. A., P. J. (1) for payment,

decides to

examine the case in group proceedings.