Decision of the Regional Court in Warsaw 2nd Civil Division of 24th September 2013
II C 464/11

1. The decision concerning composition of the group which is rendered pursuant to Article 17 of the Act on Pursuing Claims in Group Proceedings, may only decide on granting the group member status to persons who, following the announcement on commencement of the group proceedings, submitted declarations on joining the group to the group representative. Therefore, the court may not reassess whether the persons who joined the group at the stage of filing the statement of claims met the premises required by the Act. This is because with respect to these persons, the decision on examining the case in group proceedings resulted in determining the composition of the group. The conclusion of that stage of group proceedings means that objections in respect to the composition of the original group may not be raised.
2. The burden of presenting facts in favor of admissibility of group proceedings, a particular person’s participation in a subgroup, as well as the burden of submitting to court the evidence proving these facts, shall rest with the group representative. The consequence of a failure to comply with this obligation at the stage following the announcement on commencement of group proceedings and submission of the declaration on joining the group by new members is a refusal to grant the group member status.
3. Submitting a declaration on joining the group dies not suffice to prove that a person belongs to the group; at this stage, the Act on Pursuing Claims in Group Proceedings requires verifiable evidence to be submitted. Participation of particular individuals in the group may be proved by all means of evidence.  
4. However, the Act on Pursuing Claims in Group Proceedings does not require a declaration on joining the subgroup, indeed not only does a failure to indicate the amount of demand preclude qualification of individuals freshly joining the proceedings to a particular subgroup but also – to the group in general.  

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

Presiding Judge: Sylwia Urbańska, Regional Court Judge

Judges: Tomasz Wojciechowski, Regional Court Judge; Katarzyna Waseńczuk, District Court Judge (delegated)

having examined on 24^th September 2013 in Warsaw at the hearing in camera the case filed by K. S. (1) acting as a group representative on behalf of [15 people] against (…) Zakład (…) S.A. in W. for payment, as regards the establishment of the group compostition,

hereby decides to:

refuse to grant a status of the group member to the following people: [personal data of the group members].