Decision of the Regional Court in Warsaw, 2nd Civil Division of 8th April 2011
II C 121/11

  1. Regardless of the possibility to seek redress of the damage, which stems from the provisions, which Article 24 section 2 of the Civil Code makes a reference to, the means of personal rights protection may be divided into proprietary and non-proprietary, which does not change the fact that they will be regarded by claims which should still be recognized as those being aimed at the protection of personal rights. The claim on pecuniary satisfaction is therefore qualified as one of the proprietary means of protection of personal rights. Since in the statement of claims itself it was ascertained that the incurred detriment (harm) is to be the source of the claims, then there can be no doubt that these claims will regard the protection of personal rights, and therefore their pursuit in group proceedings is excluded.