Case law > Order of the Court of Appeals in Warsaw VI Civil Division dated September 23, 2015

Order of the Court of Appeals in Warsaw VI Civil Division dated September 23, 2015
VI ACz 1434/15

  1. Each of the spouses appearing in the various subgroups may be considered a single person as referred to in Article 1(1) of the Law on the Pursuit of Claims in Group Proceedings. An assessment of whether the formulation of the claim asserted by each spouse corresponds to the content of the actual claims to which they are entitled cannot affect the determination of the number of persons appearing in the proceedings for the purpose of determining the admissibility of group proceedings, and should be considered by the Court when ruling on the merits of the case.
  2. In class proceedings, the plaintiff is also not required to demonstrate a legal interest if the suit is limited to a demand for determination when asserting monetary claims. The plaintiff is relieved of this obligation by the content of Article 2(3) of the Law on Pursuing Claims in Class Proceedings.
  3. The requirement to indicate the principles for unifying the amount of claims is a formal requirement of a class action suit, and not a prerequisite for the admissibility of such proceedings. Any failure to comply with this requirement (in the event of failure to comply with the obligation to remove the deficiencies of the lawsuit) should therefore result not in the rejection of the lawsuit, but in the return of the lawsuit.
  4. Failure to attach the class representative’s contract with the attorney to the lawsuit can only be qualified as a formal deficiency of the lawsuit, the failure to remove which results in the return of the lawsuit, and not in the rejection of the lawsuit.

Court of Appeals in Warsaw VI Civil Division in the following composition:

Presiding Judge:    SSA Irena Piotrowska

Judges:                    SSA Krzysztof Tucharz, SSO del. Grażyna Kramarska (spr.)

Having recognized on September 23, 2015 in Warsaw at a closed session the case from the action of the representative of the class E. D. against (…) Bank (…) S.A. in W. for payment

as a result of the complaint of the class representative against the order of the District Court in Warsaw dated April 28, 2015, file No. III C 881/14,

decides:

Amend the appealed order and rule that the case be heard in group proceedings.