Decision of the Regional Court in Warsaw 1st Civil Division of 4th April 2014
I C 984/12
- The persons acceding to the class action proceedings need to meet all the conditions prescribed in art. 12 of the Act on Pursuing Claims in Group Proceedings, namely they ought to stake out the claim, indicate the factual circumstances which substantiate the claim, the circumstances which substantiate the affiliation to the group and show evidence in support of these facts.
- The court should, already while establishing the composition of the group, check if these separate claims are not subject to a limitation period.
- If a court finds at this stage a claim to be subject to the statute of limitations, a group member may pursue claims individually, e.g. invoking Article 5 CC.
The Regional Court in Warsaw 1st Civil Division in the following ruling bench:
Alicja Fronczyk, Regional Court Judge
Ewa Ligoń-Krawczyk, Regional Court Judge
Rafał Wagner, Regional Court Judge
having examined on 4th April 2014 in Warsaw at the hearing in camera the case filed by M.B. as the representative of the group: (…) against (…) Limited Liability Company for payment
establish under Article 17 (1) of the Act on Pursuing Claims in Group Proceedings the composition of the group as follows: [43 group members].