Order of the District Court in Krakow, 1st Civil Division, dated May 5, 2017
I C 862/12

1. Pursuant to Article 17 Section 1 of the Act on Pursuing Claims in Group Proceedings, the court shall issue a decision as to the composition of the group, which may be amended pursuant to Article 359 Paragraph 1 of the Code of Civil Procedure as not terminating the group proceedings.
2. Pursuant to the wording of Article 24 Section 1 of the Act on Pursuing Claims in Group Proceedings, to the extent not regulated by the Act, the provisions of the Code of Civil Procedure shall apply, which, with respect to the parties to the proceedings, adopts as a rule the succession of litigation (cf., in particular, Article 180 Paragraph 1 of the Code of Civil Procedure), and this rule should also be applied to group members in group proceedings.
3. The status of a group member in group proceedings is substantially similar to that of a litigant: first, the action in group proceedings is brought by a group representative on his own behalf, but also on behalf of all group members (Article 4 Sections 1 and 3 of the Act on Pursuing Claims in Group Proceedings); second, there is a lis pendens between the group member and the defendant (cf. Article 13 Section 1 and Article 24 Section 1 of the Act on Pursuing Claims in Group Proceedings in conjunction with Article 192 Point 1 of the Code of Civil Procedure); thirdly, the court, when issuing a judgment after conducting a group proceeding, decides with respect to each individual member of the group, and not only its representative (the group member is therefore a litigant in the substantive legal sense).

The Regional Court in Kraków, 1^st Civil Division, composed of:

Presiding Judge:            Izabella Dyka, Regional Court Judge

Judges:                            Elżbieta Bednarczuk, Regional Court Judge;

Kamil Grzesik, Regional Court Judge

having recognized on 5^th May 2017, in Kraków, at a session in camera, the case brought by D. N. – representative of a group consisting of: [data of 55 persons], against (…) with its registered office in N. for payment

decides to:

amend point I of the decision of the Regional Court in Kraków dated 24^th February 2016, file number I C 862/12, so that A. L. is designated as a member of the group in question, in place of T. J..