Decision of the Regional Court in Warsaw 3rd Civil Division of 2nd February 2016
III C 603/15
- For assessing whether consumers’ claims are based on a similar factual basis, the potential disposal to other individuals by consumers who previously purchased tickets, is of no significance. This is because all consumers indicated in the statement of claims as buyers of the tickets – parties to an obligational relationship binding them with the defendants, are entitled to the claims for payment on the grounds of previously purchased tickets. The factual basis of pursued claims is therefore similar and it results from a single event, i.e. purchasing of tickets and participation in a sports event organised by the defendant.
- The entry in an appropriate register of entrepreneurs is of no significance for assessing whether a given entity conducts a business activity. Neither it is of significance for such an assessment the allocation of income obtained from the above-mentioned activity. The fact that the defendant operates in the legal form of an association does in no way exclude a possibility of conducting a business activity, particularly one that generates profit.