The Act on Pursuing Claims in Group Proceedings does not provide for a manner in which the group should be created (see: What is a “group” in the meaning of the Act?). The provisions do not regulate any internal relations between the persons willing to create a group.
If the proceedings are initiated by a qualified entity, the role of this entity is to organize / assemble the group. The legitimacy of a qualified entity does not depend on the consent of group members to perform this function.
In turn, in cases where the proceedings are initiated by a representative of a group, the creation of a group, i.e. a gathering of at least 10 people who want to pursue claims of the same type, based on the same factual basis (see: When are group proceedings allowed?), can in principle be done in any way. In particular, such actions can be taken by a person declaring a will to act as a group representative. Depending on the specificity or nature of a given case, the initial process of creation of the group may also – in agreement with such a person – be coordinated by a professional counsel (attorney at law or legal counsel), who will represent the claimant in the proceedings. The group may also be gathered by the (district) municipal consumer ombudsman or the Financial Ombudsman – if these entities intend to file a lawsuit and act as a representative of the group.
If you believe that you have a claim that can be pursued in group proceedings, in particular, if you have been injured by an event that simultaneously causes damage to many other people (entities), please use the Application Form.
In the Application Form, please include: