Judgment of the Supreme Court of 17 April 2018
II PK 44/17

  1. The prerequisite of homogeneity should be understood functionally. It becomes understandable when one understands that the type of claim and the way it is calculated are two different things. The homogeneity of the claim refers only to the first factor mentioned. The same nature of the claim is authorized by the vertical view. The idea is for claimants bundled together in the same group proceeding to make the same claim. The duality of the mechanism used to calculate it (common to all participants) does not contradict the homogeneity of the claim.