Decision of the Regional Court in Warsaw, 2nd Civil Division of 22th November 2011
II C 464/11

1. The factual basis within the meaning of Article 1 section 1 of the Act is only the basic (initial) set of facts substantiating the claim. The discrepancies in terms of the facts substantiating only the amount of the claim are not an obstacle in assessing the group proceedings as admissible. Of course, it is the assessment of the Court as to which level of identicalness should be applied so that the given factual grounds would be similar to each other. In such a context, the aim which the group proceedings is to serve cannot be omitted. In this case, the group proceedings are aimed at increasing access to court and increasing the effectiveness of the legal protection by enabling the simultaneous ruling on the legitimacy of the claims of a larger group of persons. It is therefore to increase the effectiveness of the actions of the judiciary and facilitate potential members of this type of dispute in achieving the aim which is the comprehensive ruling.
2. The unification (standardization) of the amount of the pecuniary claims is tightly linked with a different premise of admissibility of the group proceedings, i.e. the requirement of the existence of a relationship of a factual nature between the claims. The pecuniary amount pursued in group proceedings is to therefore result from the factual circumstances, common for everyone, in order to be able to establish the amount to which each of the group members is entitled on their basis. These common factual circumstances are not only the commonality of the factual basis but also those connected with the scope of the demand.