Verdict of the Court of Appeals in Katowice 1st Civil Division, of 18th February 2014
I ACa 1164/13

1. In the factual status presented, not only the provisions on unjust enrichment may provide the grounds for the claim, since in the situation where agreements were concluded on the grounds of invalid provisions of a resolution, there are also basis for a compensatory claim from Article 417¹ section 1 of the Civil Code. This settled the issue of admissibility for the claim to be examined in a group proceedings, since under Article 1 section 2 of the Act regulating such proceedings, pursuing claims in this mode is applicable only in the cases on consumer protection claims, on the grounds of liability for damages inflicted by a hazardous product, and on the grounds of tortious acts, barring the claims for personal rights protection.
2. The costs of the proceedings were awarded in full from the group’s representative, for under Article 4 section 1 and 3 of the Act of 17 December 2009 on pursuing claims in group proceedings, he brought the action on his own behalf to the benefit of all members of the group. The question of settlement of costs of the litigation between all claimants is a separate issue which is not covered by the cognition of this Court.