Decision of the Regional Court in Warsaw 2nd Civil Division of 20th June 2016
II C 172/15

The decision was changed by the decision of the Court of Appeals in Warsaw 1st Civil Division of 28th September 2016, I ACz 1663/16, in such a way that it was established that the group was composed of two additional members, and the lawsuit was refused to reject as to the one person’s claim.

1. The assessment of the claim formulated by the group, the content of the declaration on joining the group, and the date on which it was filed is of significance for the assessment of membership in a group.
2. Not joining the group within a set time limit excludes the possibility of taking part in a class action. The intent to join the group is communicated to the group representative. Exceeding the time limit for submitting a declaration on joining the group results in the ineffectiveness of the submitted declaration. According to the Court, situations in which only the date entered on the declaration by the person raising access to the group would be decisive are unacceptable.
3. In evaluating the date of submitting the declaration to the group representative, the principle from Article 165 (2) CCP which pertains to rendering the effectiveness of submitting the letter on the date of its mailing at the operator’s outlet may not apply. A declaration on joining the group is not a procedural letter in the meaning of Article 125 CCP, since it is not a letter addressed by a party to the proceedings to court or the opposing party.