Decision of the Regional Court in Poznań, 18th Civil Division, dated 10th August 2018
XVIII C 590/18

  1. At this stage of the examination of the prerequisites for the admissibility of a group lawsuit, the court is obliged to assess them formally. In particular, the court should verify whether the prerequisites for bringing a group lawsuit provided for in Articles 1 and 2 of the Act on Pursuing Claims in Group Proceedings have been met.
  2. According to well-established jurisprudence, claims based on the same factual basis are claims that have the same factual basis (premise sensu stricto) or claims whose material facts are common (premise sensu largo). Of course, there may be slight differences between individual bases of claims, but it is essential that the material facts justify the demand common to all claims.

The Regional Court in Poznań, 18th Civil Division, composed of:

Presiding Judge:           Joanna Ciesielska – Borowiec, Regional Court Judge

Judges:                           Magdalena Ławrynowicz, Regional Court Judge;

Adrianna Foligowska, District Court Judge (delegated) (Judge – Rapporteur)

having recognized on 10th August 2018 in Poznań at a session in camera the case brought by [data of 16 persons] against R. T. Joint-Stock Company, seated in Ł. for payment,

decides to:

pursuant to Article 10 Section 1 of the Act of 17th December 2009 on Pursuing Claims in Group Proceedings (Journal of Laws 2018, item 573.), recognize the present case in group proceedings.