Decision of the Regional Court in Warsaw 2nd Civil Division of 5th July 2013
II C 593/12
- The absence of the Defendant’s allegations does not signify that all the entities indicated by the representative of the group must be included within the group. This is because the court is in each case obligated to assess the preconditions of joining the group, whereby this can be carried out solely on the basis of the procedural material available in the proceedings.
- A resolution of the Poviat Management Board is an internal act, and not a declaration of intent submitted in foro externo, and thus submission thereof does not constitute an effective declaration on joining the group.
- There are no grounds to apply Article 165 (2) of the Polish Code of Civil Procedure to the declaration on joining the group directly. A possibility of recognizing a declaration on joining the group, which after all is addresses not to court but to the group representative to be a procedural letter also causes a fundamental doubt. Article 165 (2) of the Polish Code of Civil Procedure assumes a legal fiction exclusively in the scope pertaining to the filing of a letter with court and not to passing it to another addressee.
The Regional Court in Warsaw 2nd Civil Division in the following ruling bench:
Presiding Judge: Tomasz Wojciechowski, Regional Court Judge
Judges: Sylwia Urbańska, Regional Court Judge, Katarzyna Waseńczuk, District Court Judge (delegated)
having examined on 5th July 2013 during the hearing in camera the case filed by the Poviat (…) as the Representative of the group of Poviats: (…) against the State Treasury – the Minister of Transportation, Construction and Maritime Economy represented by the Office of the Attorney General of the State Treasury for establishment
hereby decides to:
- establish that Poviats: (…) are members of the group in the group proceedings to the file ref. no. II C 593/12;
- establish that Poviats: (…) are not members of the group in the group proceedings to file ref. no. II C 593/12.