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

1. Pursuant to Article 17(1) of the Law 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(1) of the Code of Civil Procedure as not terminating the group proceedings.
2. Pursuant to the wording of Article 24(1) of the Law on Pursuing Claims in Group Proceedings, to the extent not regulated by the Law, 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 § 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 class member in class proceedings is substantially similar to that of a litigant: first, the action in class proceedings is brought by a class representative on his own behalf, but on behalf of all class members (Art. 4(1) and (3) of the Law on Pursuing Claims in Class Proceedings); second, there is a lis pendens between the class member and the defendant (cf. Articles 13(1) and 24(1) of the Act on Pursuing Claims in Group Proceedings in conjunction with Article 192(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 party in the substantive legal sense).

District Court of Krakow in the 1st Civil Division, composed of:

Presiding Judge: SSO Izabella Dyka

Judges:                 SSO Elżbieta Bednarczuk, SSO Kamil Grzesik

Having recognized on May 5, 2017, in Cracow, at a closed session, the case from the claim of D. N. – representative of a group consisting of: [data 55 persons], against (…) with its registered office in N. for payment

decides:

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