Order of the District Court in Poznań XVIII Civil Division dated August 10, 2018
XVIII C 590/18
- At this stage of the examination of the prerequisites for the admissibility of a class action, the court is obliged to assess them formally. In particular, the court should verify whether the prerequisites for bringing a class action provided for in Articles 1 and 2 of the Law on Pursuing Claims in Class Proceedings have been met.
- 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.
District Court in Poznań XVIII Civil Division in the following composition:
Presiding Judge: SSO Joanna Ciesielska – Borowiec
Judges: SSO Magdalena Ławrynowicz, SSR del. Adrianna Foligowska (spr)
Having recognized on August 10, 2018 in Poznań at a closed session the case of the action [data 16 persons] against R. T. Spółka Akcyjna, seated in Ł. for payment,
decides:
Pursuant to Article 10(1) of the Act of December 17, 2009 on the vindication of claims in group proceedings (Journal of Laws 2018, item 573.) recognize the present case in group proceedings.