Case law > Decision of the Regional Court in Warsaw 3rd Civil Division of 2nd October 2017

Decision of the Regional Court in Warsaw 3rd Civil Division of 2nd October 2017
III C 603/15

  1. A sole entrepreneur or a partner in a civil law partnership (therefore as a natural person) can purchase an object either as an entrepreneur or as a consumer. In such a case the purpose for which the agreement is concluded is the decisive factor.
  2. The potential disposal of the tickets bought by consumers to other people has no influence on the decision whether the claims are based on an equal legal basis.
  3. It is therefore difficult to recognize that the claims of the consumers, who purchased the tickets (admittedly in a special offer including gratuitous services, which are not the object of their claims)cannot be deemed as the claims based on the equal or the same factual basis.

 

The Regional Court in Warsaw having examined the case of A.R. – as a group representative against (…) Związek (…) in W. for payment, during an in camera hearing on 2nd October 2017,

hereby decides:

  1. to proceed the case in the group proceedings and that the group represented by A.R. consists of: [114 group members]