Verdict of the Court of Appeals in Gdansk 1st Civil Division of 30th October 2013
I ACa 471/13 (I ACz 869/13)

1. The scope of claims subject to pursuing in group proceedings is limited. Under circumstances of a specific case – in light of the claimant’s statements – it pertains solely to claims based on the statements on perpetration by the defendant of a tort injurious for the claimant and other members of the group.
2. From Article 4 section 1 and 3 of the Act (Polish Act on pursuing claims in group proceedings) it follows that a statement of claims in group proceedings is filed by the group’s representative who conducts the proceedings on his own behalf but also on behalf of all members of the group. Moreover, under Article 21 section 1 of the Act, the operative part of the verdict must name all members of the group or subgroup. In relation therewith, the Court of 1^st instance incorrectly formulated the operative part of the challenged verdict, omitting the listing of all members of the subgroup and in point 2 of the operative part determining the claimant in plural.