Resolution of the Supreme Court Civil Chamber of 13th July 2011
III CZP 28/11

1. The group proceeding provided for by the Act of 17 December 2009 on Pursuing Claims in Group Proceedings is based on the idea of representation, which means that a specific person or persons bring forth an action and take part in the proceedings in the interest of group of persons placed in a similar situation. The idea or representation was implemented by appointing a representative and conferring the status of the party to the group proceedings in the procedural meaning on them. The representative handles the proceedings under their own name but on behalf of all the group members. The group members, who are the parties to the disputed legal relationship and dispose of the pursued claim, are the parties to the proceedings in the meaning of substantive law.
2. The omission of the word “accordingly” in Article 24 of the Act of 17 December 2009 on Pursuing Claims in Group Proceedings is not determinant for its interpretation. The court, which conducts the group proceedings applies the specific provision of Code of Civil Procedure directly or accordingly if necessary.
3. Mandatory representation of the claimant by a professional legal counsel (Article 4.4 of the Act of 17 December 2009 on Pursuing Claims in Group Proceedings) is also applicable to district (municipal) consumer ombudsman acting as a group representative.
4. The statement of claims in the group proceedings, filed by a group representative who is not represented by a professional legal counsel (Article 4.4 of the Act of 17 December 2009 on Pursuing Claims in Group Proceedings) shall be subject to without the demand of removing the defects.