Decision of the Regional Court in Warsaw XXI Labor Division of 11th October 2016
XXI P 231/15
- The conditions of the admissibility of a class action are following: the number of group members (at least 10); homogeneity of their claims, the specific category of the case (consumer protection, cases for liability for a hazardous product and tortious liability), common factual basis of claims, standardization of the value of claims at taking the common factual basis of claims into account.
- It is obligatory for a court to consider if the claims are indeed homogenous and based on the same or equal factual basis and whether they belong to one of the categories of claims listed in Article 1 (2) of the Polish Act on Pursuing Claims in Group Proceedings. Only when all these conditions are met cumulatively is it possible to hear the case in group proceedings. A failure to comply with one of these conditions makes it impossible to open group proceedings and leads to rejection of the statement of claims in relation therewith. Optimization of the procedural economics does not belong to the conditions of admissibility of group proceedings.
The Regional Court in Warsaw 21st Labor Division in the following ruling bench:
Presiding Judge: Grażyna Otola-Pawlicka, Regional Court Judge
Judges: Małgorzata Kosicka, Regional Court Judge
Grzegorz Kochan, Regional Court Judge
having examined on 4th October 2016 in Warsaw the case filed by R.K.(1) as a representative of a group of police officers: (…)
against the State Treasury – the Minister of Interior and Administration
reject the statement of claims.