Judgment of the Regional Court in Warsaw 2nd Civil Division of 17th December 2013
II C 593/12
- A declaratory judgment rendered in group proceedings rather corresponds to an interlocutory judgment known for a long time in classical civil proceedings. This would mean that group proceedings would cover all the premises of legitimacy and contestability of a claim, including the charge of limitation period, leaving only the issue of the value of claims to be settled in further actions.
- The argument that Article 2 (3) of the Act on Pursuing Claims in Group Proceedings directly excludes legal interest as a prerequisite of class action, cannot be successfully used to undermine the thesis stated hereinbefore. It seems that the rationale of the regulation was to prevent the dismissal of a claim for establishment of one’s liability due only to the fact that submitting a demand for performance was possible. This would mean that ’an action for establishment of liability in group proceedings has become a particular type of an action in group proceedings, not identical one with the claim for establishment of liability regulated under the Code of Civil Procedure, similarly as the claim for performance in group proceedings shows characteristics setting it apart from a classical claim action.
The Regional Court in Warsaw 2nd Civil Division in the following ruling bench:
Presiding Judge: Tomasz Wojciechowski, Regional Court Judge
Judges: Sylwia Urbańska, Regional Court Judge, Katarzyna Waseńczuk, District Court Judge (delegated)
having examined on 17th December 2013 the case filed by the Poviat of (…) as the representative of the group of Poviats (…) against the State Treasury – the Minister of Infrastructure and Development represented by the Office of the Attorney General of the State Treasury
for the establishment
hereby decides to:
- dismiss the claim;
- award from the Poviat of (…) to the State Treasury – the Office of the Attorney General the amount of PLN 10,800 (ten thousand eight hundred złoty) as the costs of the proceeding;
- establish the final court fee in the amount of PLN 5,000 ;
- order the State Treasury to reimburse the Poviat of (…) with the amount of PLN 5,000 as the differential amount between the final and temporary court fee.