Decision of the Regional Court in Wrocław 1st Civil Division of 16th September 2014
I C 308/14

1. The commonality of the basis of pursued claims substantiates the possibility to join claims in a single group action. The entities in the group are characterised by a specific bond of a subjective and objective nature. The subjective bond pertains these members of the group who suffered damages as a result of the perpetrator’s single action. In a class action these persons pursue claims form a single entity (violator). In turn, subjective uniformity is related to the type of violation which results in pursuing claims jointly by the group becoming substantiated and possible. The bond existing between the group’s members must be based on the same or equal factual basis. Claims based on an common factual status are claims which share the same factual basis (a sensu stricto precondition) or claims sharing relevant factual circumstances (a sensu largo precondition). The indicated condition means that the legal or factual situation of the group’s members must be equal. Obviously, there may be insignificant differences between individual grounds of claims, however, it is necessary for the relevant factual circumstances to substantiate the demand common for all the claims.