Decision of the Regional Court in Warsaw 3rd Civil Division of 19th November 2014
III C 376/13

The decision was changed by the decision of the Court of Appeals in Warsaw of 3^rd June 2015, file ref. no. VI ACz 479/15.

1. In order to speak of the sameness of the factual basis substantiating a possibility of pursuing claims in group proceedings, prerequisites for the emergence of claims should be common for all participants of the group.
2. Diversification of the factual circumstances impacting the form and extent of the damage makes it impossible to establish the sameness of the factual basis. Such a diversification occurs if damage of each member of the group may have emerged in a different form – depending on the factual status related to a specific member of the group.
3. If the claimants’ claims remain in no connection with the need to protect the consumer against a stronger participant of transactions, i.e. the claimant does not demand special protection due to his status as a consumer, but only seeks compensation in relation to the emergence of premises of compensatory liability, then such a case is not a consumer protection case, even if the claimants’ claim is contained in the model contract which may be subject to assessment in the scope of abusiveness.