Decision of the Regional Court in Warsaw, 2nd Civil Division of 8th February 2012
II C 616/11
The decision was partially amended with the decision of the Court of Appeals in Warsaw of 6th June 2012, file ref. no. I ACz 868/12. The thesis questioned directly by the Court of Appeals in Warsaw is marked in italics.
- Proceedings on the establishment assume the omission of the examination of the circumstances closely regarding the individual group members, which are to be examined in the series of later proceedings conducted in a regular manner. For this reason the unification (standardization) of the amount of the claims is not required.
- The provisions of the Act (Polish Act on pursuing claims in group proceedings) do not stipulate the partial rejection of the statement of claims in group proceedings. The Court is not competent firstly to “choose” only those claims, from amongst the ones submitted, which are suitable for the said proceedings, and secondly – at the stage of examining the admissibility of the statement of claims – to eliminate the individual entities indicated as group members.