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Class/Group Actions in Poland

  • Poland
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23-10-2012

1 Class/Group Actions

1.1 Do you have a specific procedure for handling a series or group of related claims? If so, please outline this.

On 17 December 2009 Poland enacted a law providing a specific procedure for handling group actions: the Act on Pursuing Claims in Group Proceedings. The Act came into force on 19 July 2010. It is a step forward in the process of unifying Polish law with European Union law. The Act is consistent with the European Approach to Collective Redress.

1.2 Do these rules apply to all areas of law or to certain sectors only e.g. competition law, security/financial services? Please outline any rules relating to specific areas of law.

The group action procedure applies only to the following areas of law/sectors: (i) consumer protection cases; (ii) product liability cases; and (iii) tort cases, excluding personal rights protection e.g. defamation.

1.3 Does the procedure provide for the management of claims by means of class action (whether determination of one claim leads to the determination of the class) or by means of a group action where related claims are managed together, but the decision in one claim does not automatically create a binding precedent for the others in the group?

The procedure provides for the management of claims by means of a group action whereby related claims of the same type are managed together. Court decisions on these claims must enumerate all members along with their respective claims, since a decision with respect to the claim of one member does not automatically create a binding precedent for other group members.

Click here to view the full publication.

Source: Iwo Gabrysiak, 2013 edition of The International Comparative Legal Guide to: Class & Group Actions; published by Global Legal Group Ltd, London. www.iclg.co.uk, October 2012

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