- Establishing the categories of facts that should be indicated by the claimant in the statement of claims, so that the claims pursued in group proceedings are based on the same or equal factual grounds is not possible in advance and in abstract terms. The court decides whether the claim pursued in the group proceeding is based on the same or equal factual basis after having analyzed the factual situation in a specific case.
- Admissibility of the group proceedings depends on premises strictly defined in the Act, among which there is no premise of the purposefulness of examining a case in a group proceedings.
- For many years the term ‘claim for protection of personal interests’ has been a subject of the Supreme Court’s case law and views of the doctrine. There is no doubt that, in addition to claims of a non-property nature, it also includes property claims.
- For this reason, the proposal of a different interpretation of this term on the grounds of the Act on Pursuing Claims in Group Proceedings may not be found as requiring yet another pronouncement of the Supreme Court.
- The group proceeding provided for by the Act of 17 December 2009 on Pursuing Claims in Group Proceedings is based on the idea of representation, which means that a specific person or persons bring forth an action and take part in the proceedings in the interest of group of persons placed in a similar situation. The idea or representation was implemented by appointing a representative and conferring the status of the party to the group proceedings in the procedural meaning on them. The representative handles the proceedings under their own name but on behalf of all the group members. The group members, who are the parties to the disputed legal relationship and dispose of the pursued claim, are the parties to the proceedings in the meaning of substantive law.
- The omission of the word “accordingly” in Article 24 of the Act of 17 December 2009 on Pursuing Claims in Group Proceedings is not determinant for its interpretation. The court, which conducts the group proceedings applies the specific provision of Code of Civil Procedure directly or accordingly if necessary.
- Mandatory representation of the claimant by a professional legal counsel (Article 4.4 of the Act of 17 December 2009 on Pursuing Claims in Group Proceedings) is also applicable to district (municipal) consumer ombudsman acting as a group representative.
- The statement of claims in the group proceedings, filed by a group representative who is not represented by a professional legal counsel (Article 4.4 of the Act of 17 December 2009 on Pursuing Claims in Group Proceedings) shall be subject to without the demand of removing the defects.
