Decision of the Regional Court in Warsaw-Praga in Warsaw 3rd Civil Division of 28th January 2014
III C 491/12

1. The Act does not provide the time limit for correction of deficiencies pertaining to declarations on joining the group, providing only that after the lapse of a deadline set forth by the court, not shorter than one month from the date of serving the claimant membership-related charges, the court issues a decision on the composition of the group. This means that correction of deficiencies and misstatements related to accessing the group may be effectively performed after the lapse of the date set forth for joining the group itself. Adopting the contrary view would undermine the sense of conducting group proceedings, which may cover a larger number of individuals (group members) and in frames of which it is difficult to avoid certain oversights or deficiencies – especially in the scope of a declaration on joining the group and the need to collect and meticulously verify required documentation.
2. At the stage of deciding on the group’s composition it is not the court’s task to adjudicate on the merits of the pursued claims.
3. A consumer should benefit from the protection provided for in Articles 385¹ – 385³ CC, regardless of the fact whether he is a party to a contract directly or a cessionary. The circumstance that certain group members joined a group on the grounds of an assignment agreement does not impact the sameness of the factual basis of the group proceedings, and therefore its admissibility.