Decision of the Regional Court of Warsaw, 3rd Civil Division, dated 16th June 2016
III C 171/16

1. The view that the arranging of the claims of group members into subgroups is opposed by the nature of these claims should be deemed unconvincing: the fact that they are due to co-owners and are related to their shares in co-ownership. Such unification is not explicitly prohibited by the provisions of the Act on Pursuing Claims in Group Proceedings.
2. A necessary prerequisite for the recognition of a claim as a consumer protection claim is that the consumer seeks protection in relations with a professional entity (entrepreneur). Thus, the existence of a consumer-entrepreneur relationship is necessary. In addition, in order to speak of a claim for protection, an additional element is also necessary, because intentionally the legislator used the term “consumer protection claims” and not the term “consumer claims”.

The Regional Court in Warsaw, 3^rd Civil Division, composed of:

Presiding judge:            Joanna Bitner, Regional Court Judge

Judges:                            Joanna Korzeń, Regional Court Judge;

Joanna Kruczkowska, Regional Court Judge

having recognized at a hearing on 19^th May 2016 in Warsaw a case brought by M. D. (1) as a representative of the group against (…) LLC in K. for payment

decides:

1. terminate the proceedings as to the amount that was to be paid to the former group member J. M. (1) (formerly (…);
2. refuse to reject the lawsuit;
3. hear the case in a group proceeding;
4. dismiss the motion of the defendant (…) LLC in Kolonia L. to oblige the plaintiff to make a deposit to secure the costs of the trial.