Decision of the Regional Court in Gdańsk 25th Civil Division of 8th March 2016
XV C 1216/12

The decision has been reversed by the decision of the Court of Appeals in Gdańsk 1^st Civil Division of 11^th January 2017.

1. It is the group representative’s duty to: collect the declaration on each person’s claims and to classify which subgroup each person should belong to based on the statements of the persons in which the specific claims were declared. The group representative cannot create the claims which were not to the subject of a declaration and, in such a case, cannot pursue such claims in group proceedings if the claims were not explicitly stated in the declarations on joining the group.
2. The consequence of the incorrect classification of the person to the subgroup may result in the dismissal of the case.
3. The group representative’s authorisation to change the classification of the person to the subgroup cannot be considered as possibility to submit new claims on behalf of the persons who join the group which were not stated in the declaration on joining the group.
4. Persons without full legal capacity (for example children) should be indicated as group members if they enjoy substantive legal capacity to pursue claims. This is because group members are attributed with the title to be authorised in their own name to pursue their own claims against the defendants. Minors should submit a declaration of joining the group. Their statutory representatives (parents) can only represent such a person during the trial, however, without the status of a group member.

The Regional Court in Gdańsk 25^th Civil Division in the following ruling bench:

Presiding Judge:            Urszula Malak, Regional Court Judge

Judges:                            Dorota Kołodziej, Regional Court Judge

Krzysztof Solecki, Regional Court Judge

having examined on 8^th March 2016 in Gdańsk during the hearing in case in group proceedings in the case filed by group representative (…) against (…) and (…),

decides to:

1. establish that subgroup I i.e. the subgroup demanding the awarding of PLN 94.80 to each group member by defendants jointly and severally as the return of undue performance, alternatively – in the event the statement of claims is dismissed in that scope – ascertainment that the group members are not obligated to pay PLN 94.80 to the defendants as the subscription fee for using the services offered by the website www.pobieraczek.pl, consists of: [data of 48 group members];
2. establish that subgroup III i.e. the subgroup demanding ascertainment that the group members are not obligated to pay PLN 94.80 to the defendants as the subscription fee for using the services offered by the website www.pobieraczek.pl, consists of: [data of 59 group members];
3. establish that subgroup V i.e. the subgroup demanding the ascertaining that these persons are not obligated to pay PLN 94.80 to the defendants as the subscription fee for using the services offered by the website www.pobieraczek.pl and that they are not obliged to pay the contractual penalty of USD 100 to the defendants for breaching § 6 point 3 of the Usenet Service Provision Terms and Conditions of 16^th April 2010 to the defendants, consists of: [data of 482 group members];
4. dismiss the motion for decision on establishing the composition of the group in the remaining scope.