What can you pursue in group proceedings?

The demands of the statement of claims in group proceedings depends on whether the action is brought by a representative of the group or a qualified entity.

Classic group proceedings

If the claim is brought by a representative of the group, in each of the statutory categories of cases in which claims may be pursued in group proceedings (see: When are the group proceedings allowed?), the claimant, in principle, may bring – as in every civil case – one of the three types of actions:

• an adjudication action,
• a declaratory action for existence or non-existence of a legal relationship or right,
• an action for a shaping of a legal relation or right.

Furthermore, the Act permits the claim to be limited to establishing defendant’s liability despite the fact that an action for payment could be brought.

Representative group proceedings

Whereas, if the claim is brought by a qualified entity (i.e. in a representative action), the Act explicitly sets for the following possible demands:

• declaration of the practice as infringing the general interests of consumers and ordering to discontinue the practice or declaration that the practice has been abandoned;
• imposing an obligation on the defendant to make (within a specified time limit) a one-time or repeated statement in an appropriate form and with appropriate content concerning the defendant’s use of practices that infringe the general interests of consumers;
• on the basis of separate laws – claims related to the use of practices that infringe the general interests of consumers (e.g. awarding damages in a specific amount, price reduction, termination of a contract).

Also in cases of monetary claims brought by a qualified entity, it is permissible to bring an action to establish the defendant’s liability.