Decision of the Regional Court in Poznań, 18th Civil Division, dated 10th August 2018

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  1. At this stage of the examination of the prerequisites for the admissibility of a group lawsuit, the court is obliged to assess them formally. In particular, the court should verify whether the prerequisites for bringing a group lawsuit provided for in Articles 1 and 2 of the Act on Pursuing Claims in Group Proceedings have been met.
  2. According to well-established jurisprudence, claims based on the same factual basis are claims that have the same factual basis (premise sensu stricto) or claims whose material facts are common (premise sensu largo). Of course, there may be slight differences between individual bases of claims, but it is essential that the material facts justify the demand common to all claims.

The Regional Court in Poznań, 18th Civil Division, composed of:

Presiding Judge:           Joanna Ciesielska – Borowiec, Regional Court Judge

Judges:                           Magdalena Ławrynowicz, Regional Court Judge;

Adrianna Foligowska, District Court Judge (delegated) (Judge – Rapporteur)

having recognized on 10th August 2018 in Poznań at a session in camera the case brought by [data of 16 persons] against R. T. Joint-Stock Company, seated in Ł. for payment,

decides to:

pursuant to Article 10 Section 1 of the Act of 17th December 2009 on Pursuing Claims in Group Proceedings (Journal of Laws 2018, item 573.), recognize the present case in group proceedings.

Decision of the Regional Court in Kielce, 5th Labor and Social Insurance Division, dated 21st September 2023

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  1. It follows from the wording of Articles 1 and 2 of the Act of 17th December 2009 on Pursuing Claims in Group Proceedings that group proceedings should be understood as civil proceedings in cases in which claims of one type are pursued by at least 10 persons, based on the same or similar factual basis. Only claims for consumer protection, liability for damage caused by a dangerous product, and tort claims can be pursued in group proceedings, with the exception of claims for the protection of personal interests.
  2. Among the fundamental issues of the Act on Pursuing Claims in Group Proceedings is undoubtedly its subject matter scope, which in turn comes down to two problems: 1) the prerequisites for group proceedings (Article 1 Sections 1) and 2) the type of claims that can be pursued in group proceedings (Article 1 Section 2). In this regard, the prerequisites for group proceedings are: the homogeneity of claims, the same or similar factual basis for the claims, and a certain minimum number of ten persons for whose protection is sought. In addition, taking into account the content of Article 2, the prerequisite for the pursuit of monetary claims is their unification within a group or subgroup.
  3. The assessment of whether the prerequisites for the admissibility of group proceedings are met with respect to a particular case is made exclusively by the court during the first phase of the group proceedings – on its admissibility, known in the literature as the certification of group proceedings.
  4. According to the rules contained in the Code of Civil Procedure, the plaintiff is not required to indicate the legal basis of the claim, and can only limit himself to stating the circumstances determining the demand. This is because the choice of an adequate legal norm is up to the court. It is no different in group proceedings, with the provision that the plaintiff must be aware of the limitation contained in Article 1 Section2 of the Act. It results in the fact that in this procedure, the court’s assessment will be limited only to the normative standards listed in Article 1 Section 2 of the Act. As a result, the court should dismiss the claim if the prerequisites of Article 417 of the Civil Code have not been fulfilled (or other provisions of Title VI of the Civil Code), even if even the amount claimed could be awarded under an alternative legal basis (other than those listed in Article 1 Section 2 of the Act). This effect means that compliance with the condition of Article 1 Section 2 of the Act will already occur if a party claims in a lawsuit that it is pursuing a claim derived from a tort. What matters, therefore, is the plaintiff’s declaration itself, and it is irrelevant whether or not this assessment is correct.
  5. The verification procedure under Article 10 Section 1 of the Act must be based on the declaration contained in the lawsuit. This means that the rejection of a group lawsuit is possible only if the initiating party does not refer to any of the legal grounds indicated in Article 1 Section 2 of the Act. In other cases, the case should be referred for substantive consideration, with the reservation that it will focus attention only on the legal grounds listed in the aforementioned provision.
  6. The court, when deciding on the admissibility of the consideration of the case in group proceedings, does not examine whether the defendant actually committed behavior that meets the characteristics of a tort within the meaning of the Civil Code, and thus whether the claims pursued in the lawsuit are a consequence of the defendant’s culpable behavior, but only checks whether the premise in question was indicated in the lawsuit. Leaning into the issue of the validity of the plaintiff’s allegations, as well as the defendant’s arguments, occurs only at the stage of substantive examination of the lawsuit.

The Regional Court in Kielce, 5th Labor and Social Insurance Division, composed of:

Presiding Judge:           Grzegorz Detka, Regional Court Judge

Judges:                            Anna Matysiak, Regional Court Judge;

Ewa Palmowska, Regional Court Judge

having recognized on 21st September 2023 in Kielce the case brought by K. Ł. – representative of the group against the Provincial Hospital (…) in K. for determination hereby decides to:

recognize the case in group proceedings.

Decision of the Regional Court in Katowice, 1st Civil Division, dated 28th June 2023

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The Regional Court in Katowice, 1st Civil Division, composed of:

Presiding Judge:                 Krzysztof Żyłka, Regional Court Judge

having examined on 28th June 2023 in Katowice at a session in camera the case brought by W. S. against (…) Limited Liability Company in M. for payment hereby decides to:

pursuant to Article 182 Paragraph 1 Point 4 of the Civil Procedure Code, terminate the proceedings.

Decision of the Regional Court in Koszalin, 1st Civil Division, dated 16th January 2020

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  1. Article 10 Section 1 of the Act of 17th December 2009 on the Pursuing Claims in Group Proceedings stipulates that after hearing the parties, the court shall decide on the admissibility of group proceedings. The presentation of arguments by the parties in their legal briefs meets the requirement of hearing the parties within the meaning of the cited provision.
  2. The claim in group proceedings should be considered a procedural demand, which is an element of the action, and its specification is related to the issue of the division of actions into: actions for benefits, for determining the existence or non-existence of a right or legal relationship, and for the shaping of a right or legal relationship. Thus, the prerequisite for the admissibility of a group proceedings is that all persons covered by the statement of claim request legal protection in the same form. It is important that the condition for pursuing claims in group proceedings is that they are of one type. Monetary claims can undoubtedly be considered to be of one type. Non-monetary claims, on the other hand, will be of one type only if they relate to the requested course of action (behavior) of the defendant, i.e. if all members of the group demand a certain action or omission (of the same type) on the part of the defendant. Undoubtedly, therefore, claims of one type would not be monetary and non-monetary claims pursued simultaneously (in a single group proceeding), or different non-monetary claims pursued simultaneously.
  3. An action to establish the defendant’s liability is brought when monetary claims are not suitable for unification in amount, or when the determination of the amount of monetary benefits could be associated with undue hardship.
  4. In group proceedings for the establishment of the defendant’s liability, the plaintiff does not have to prove the occurrence of damage or the amount of damage of individual members of the group, if these are individual and not common circumstances, but must determine what is the damage resulting from the tort constituting the basis of the claim. In turn, it is the court’s duty to determine and assess whether the property damage so identified can be considered damage caused by the tort identified in the group statement of claim, and whether it is common to all group members.

The Regional Court in Koszalin, 1st Civil Division, composed of:

Presiding Judge:           Jacek Grześkowiak, Regional Court Judge

Judges:                           Barbara Krzemianowska, Regional Court Judge;

Iwona Szkudłapska-Ćwik, Regional Court Judge

having recognized on 16th January 2020 in Koszalin at a session in camera the case brought by E. M. against S. W. in M. for determination hereby decides to

recognize the case in group proceedings.

Decision of the Regional Court in Opole, 1st Civil Division, dated 16th May 2022

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The Regional Court in Opole, 1st Civil Division, composed of:

Presiding Judge:                    Marcin Ilków, District Court Judge (delegated)

having recognized on 16th May 2022 in Opole at a session in camera, the case brought by P. L., P. N., T. W., J. M., S. W. (1), S. W. (2), B. W., Z. S., S. S., R. S., D. K., E. L., B. N., A. W., E. M., E. W., K. S., M. S., M. K., A. P., A. O. v. (…) Sp. z o.o. of O. for payment hereby decides to:

pursuant to Article 15 zzs2 of the Law of 2nd March 2020 on Special Solutions Relating to the Prevention, Counteracting and Suppression of COVID-19, Other Infectious Diseases and Emergencies Caused by Them, close the trial in order to issue a ruling at a session in camera, after collecting written positions from the parties.

Decision of the Regional Court in Warsaw, 3rd Civil Division, dated 9th March 2017

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The Regional Court in Warsaw, 3rd Civil Division, composed of:

Presiding Judge:            Joanna Kruczkowska, Regional Court Judge

Judges:                            Joanna Bitner, Regional Court Judge;

Grzegorz Chmiel, Regional Court Judge

having recognized on 9th March 2017, in Warsaw, the case brought by E. D. against (…) Bank (…) S.A. in W. for payment, hereby decides to:

  1. correct an obvious mistake in the operative part of the decision of the Regional Court in Warsaw dated 24th January 2017 by inserting after the words “alternatively legal counsel K. J. Law Office of Legal Counsel K. J. st. (…) (…) -300” in place of the word “ L.” the word “L.”;
  2. amend the operative part of the decision of the Regional Court in Warsaw dated 24th January 2017 by crossing out after the words “alternatively legal counsel K. J. Law Office of Legal Counsel K. J. st. (…) (…)-(…) L.”, the words “www.(…).pl”, and cross out the last paragraph of the decision, i.e. cross out the words “Details of how to join the group, as well as template documents (including a ready-made template declaration of joining the group) can be found at www.(…).pl”.

Decision of the Regional Court in Warsaw, 3rd Civil Division, dated 24th January 2017

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The Regional Court in Warsaw, 3rd Civil Division, composed of:

Presiding Judge:           Joanna Kruczkowska, Regional Court Judge

Judges:                           Joanna Bitner, Regional Court Judge;

Andrzej Lipiński, District Court Judge (delegated)

having examined on 24th January 2017, in Warsaw, at a session in camera, in group proceedings in the case brought by E. D. (group representative) against (…) Bank (…) S.A. with its registered office in W. for payment, hereby decides to:

order the publication in Newspaper (…) – national edition, of an announcement with the following content:

NOTICE OF COMMENCEMENT OF GROUP PROCEEDINGS

Proceedings have been initiated before the Regional Court in Warsaw, 3rd Civil Division, pursuant to the Act of 17th December 2009 on the Pursuing of Claims in Group Proceedings (Journal of Laws No. 7 of 2010, item 44) on the basis of a claim brought by E. D. against (…) Bank (…) S.A. with its registered office in W., file reference number III C 1122/15,

E. D., as the representative of the group, requested the Court to order the defendant (…) Bank (…) S.A. with its registered office in W. to pay the amounts of (…) PLN on account of each member of the subgroup (…), in the amount of PLN (…) on account of each member of the subgroup (…), in the amount of PLN (…) on account of each member of the subgroup (…), in the amount of PLN (…) on account of each member of the subgroup (…), on the basis of contributions unduly collected by the defendant for low-contribution insurance on the grounds of the concluded loan agreements.

The value of the dispute is PLN (…).

Within a strict deadline of one month from the publication of this announcement, anyone whose claim may be covered by this group proceedings may join the group, i.e. if:

  1. they have concluded an agreement (…) (the “Agreement”) with (…) Bank (…) S.A. with its registered office in W.
  2. they did not conclude this Agreement in direct connection with their business or professional activity;
  3. the Agreement concluded by him contained provisions identical to the clause deemed prohibited by the Regional Court in Warsaw – 17th Division for Competition and Consumer Protection in its judgment of 6th August 2009, entered under number (…) in the register of prohibited clauses kept by the President of the Office of Competition and Consumer Protection (Urząd Ochrony Konkurencji i Konsumentów);
  4. he suffered damage in connection with the collection of a fee for low-contribution insurance on the basis of the concluded Agreement (…);

In order to join the group, a written statement of accession to the group must be submitted to the representative of the group E. D. This statement shall be submitted to the address of its representatives:

Legal counsel J. S.

Law Office of Legal Counsels J. S. and Associates LP

ul. (…), (…)-(…) L.

tel. (…),

Alternatively, legal counsel K. J.

Law Office of Legal Counsel K. J.

ul. (…) (…)-(…) L.

Joining the group after one month from the publication of this announcement is not permitted,

Submission of a declaration to join the group is tantamount to consenting to E. D. acting as a group representative, to the rules of remuneration of the attorney, as well as to joining the group in order to pursue claims against (…) Bank (…) S.A. with its registered office in W. based on the provisions of the Act on Pursuing of Claims in Group Proceedings. A template of the necessary documents is made available by the Law Office of the attorney of the group representative on the website (and/or by the Group by other means).

Each group member who joins the proceedings after filing a lawsuit will pay the attorneys’ fees, which consist of:

  1. a one-time flat fee in the amount of
  • PLN (…) for the first instance and complaint proceedings;
  • PLN (…)for the second instance
  • PLN (…) for drafting the appeal in cassation and/or appearing before the Supreme Court.
  1. a success bonus in the amount of (…) of the amount validly adjudicated and enforced/obtained under a concluded court or out-of-court settlement.

The amounts stated above are net amounts and will be increased by the VAT due in the amount of (…). In the event of a change in the VAT rate, these amounts will be increased or decreased accordingly.

Group members are also required to pay a non-refundable initial fee in the amount of (…) PLN, intended to cover the necessary costs of the Group members’ activities preceding the filing of the group statement of claim.

Decision of the Regional Court in Warsaw, 3rd Civil Division of the 26th February 2019

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The Regional Court in Warsaw, 3rd Civil Division in the following composition:

Presiding Judge:           SSO Joanna Kruczkowska

Judges:                           SSO Joanna Bitner,

SSR Andrzej Lipiński

having examined at a closed session on the 26th February 26 2019, in Warsaw the case brought by E. D. as the representative of the group against (…) Bank (…) S.A. with its registered office in W. for payment, hereby decides:

to determine that the present proceedings are group proceedings and that the group represented by E. D. is composed of the following:

subgroup No. I:

  1. R. M.,
  2. K. M.,
  3. L. M.,
  4. A. M.;

subgroup No. II:

  1. M. P.,
  2. P. P.;

subgroup No. III:

  1. I. G.,
  2. K. F.,
  3. R. G.,
  4. E. D.;

subgroup IV:

  1. J. O.,
  2. T. O..

Decision of the Regional Court in Szczecin, 1st Civil Division of the 19th July 2023

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The Regional Court in Szczecin, 1st Civil Division in the following composition

Presiding Judge:           SSO Barbara Smolska (rep.)

Judges:                           SSO Agnieszka Skrzypiec,

SSO Tomasz Cegłowski

having examined at a hearing on the 19th 2023 in S., the case brought by B.D. – the representative of the group in group proceedings, composed of: subgroup one: W.B. and M.B., B.D., R.P. and T.P. subgroup two: E.S. and J.S., U.J. and G.J., U.P. and K.P.; subgroup three: E.W. and B.W., K.K. and D.S., L.M., T.P., J.W. and T.W.; subgroup four: D.K., A.F., A.M., A.Ł. and R.Ł. against the Housing Cooperative (…) in S. decides:

to discontinue the proceedings in the case.

Decision of the Regional Court in Krakow, 1st Civil Division of the 8th March 2023

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The Regional Court in Krakow, 1st Civil Division in the following composition:

Presiding Judge:          SSO Magdalena Nagaduś,

Judges:                           SSO Marta Woźniak,

SSO Edyta Żyła (delegated)

having examined at a closed session on the 8th March 2023 in Krakow the case brought by M. K. – representative of a group consisting of: [data of 26 persons] against the Housing Cooperative (…) in K. in liquidation for payment,

decides:

to determine the composition of the group, which includes the following persons:

[data of 26 group members]

and which does not include E. R.