The legal instrument of class action suits was introduced into Polish civil law with the Act on Pursuing Claims in Group Proceedings of December 17 2009. By group proceedings, the act defines civil proceedings through which claims of one specific sort are pursued by a group of at least 10 persons. These claims must be based on the very same or identical factual circumstances.
In such cases the civil action is brought by the representative of the entire group – it can be either a member of the group, or Poviat / Municipal Consumer Advocate. In the proceedings before the competent district court they are substituted by a legal counsel or an advocate.
The following categories of claims can be pursued through class action:
- Claims pertaining to protection of consumers
- Claims based on the damage caused (with regard to hazardous products)
- Claims based on torts (delicts)
It is worth pointing out that in group proceedings the value of the claim pursued needs to be consolidated – at least in two-person subgroups. The remuneration of the group’s attorney-at-law must not exceed 20 % of the total value of all claims embraced by the action.
CGO Legal law firm brings a wealth of experience in handling group proceedings – starting from gathering sufficient number of potential claimants, through preparation of the action and ending with representation before court. Should you have any questions please do let us know.