Case law > Decision of the Regional Court in Warsaw 2nd Civil Division of 18th May 2016

Decision of the Regional Court in Warsaw 2nd Civil Division of 18th May 2016
II C 464/11

  1. The mandatory representation by a professional counsel set out in Article 4 (4) of the Act on Pursuing Claims in Group Proceedings means that the solely the group representative’s legal counsel who is an attorney-at-law or a legal counsel has the capacity to engage in acts in law in the action. The requirement of mandatory representation by a professional counsel in such a situation is of an absolute nature which means that the group representative may not act in the case personally, but only through a professional counsel. Actions performed by the party will be ineffective.

The Regional Court in Warsaw 2nd Civil Division in the following ruling bench:

The Chairman:  Sylwia Urbańska, The Regional Court Judge

The Judges:       Katarzyna Waseńczuk, The Regional Court Judge; Tomasz Wojciechowski, The Regional Court Judge

having examined on 18th May 2016 in Warsaw at the hearing in camera in the case filed by K .S. acting as a group representative in favor of [personal data of the group members] against (…) Zakład (…) S.A. in W. for payment, concerning the suspension of the proceedings,

hereby decides to:

suspend the proceedings on the grounds of the Article 177 para 1 point 6 of the CCP.