Case law > Decision of the Regional Court in Warsaw 2nd Civil Division of 19th June 2017

Decision of the Regional Court in Warsaw 2nd Civil Division of 19th June 2017
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
  2. 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:

Presiding Judge: Sylwia Urbańska, Regional Court Judge

Judges: Magdalena Antosiewicz, Regional Court Judge; Michał Chojnacki, District Court Judge (delegated)

having examined on 19th June 2016 in Warsaw at the hearing in camera the case filed by K .S. acting as a group representative on behalf of [15 people] against (…) Zakład (…) S.A. in W. for payment,

hereby decides to:

discontinue the proceedings on the grounds of Article 182 (1) CCP.