In group is the power

The class action lawsuit in Poland can be brought by at least 10 people. The upper limit is not specified – the group could count hundreds and even thousands of victims. Under the new arrangements a group of consumers (individuals) and entrepreneurs will have the possibility of bringing class action lawsuit. The institution of class action concerns civil cases in which asserted claims are of one type, based on the same factual or legal basis, if the relevant factual circumstances justifying the request, are common to all claims.

This means that a class action procedure may be used by the injured group of people or companies, provided that they share the same case, such as food poisoning, adverse effects of medication, standard of the hotel on vacation inconsistent with the contract, unfair provisions in contracts of credit or insurance.

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Saving of time and money

Submitted solutions bring many benefits. For consumers, the collective lawsuit will be cheaper than the individual, allowing them to save not only money but also time. Class actions do not require personal involvement as an individual case, the interested risks only the share of the cost of a lawyer, which is apportioned among all complainants, and the court fees are lower. A class action will be charged at 2% the amount in dispute, however, amounting to not less than 30 zł and not more than 100 000 zł. This rate is lower than in the traditional proceedings in cases concerning property rights (5% the amount in dispute).

The new solution will lower the costs and reduce the load on the courts of minor cases, and most importantly – will inevitably affect the consolidation of jurisdiction in relevant, from the perspective of consumer, issues. Over the years, companies have become accustomed to the stronger market position, dominant in relation to the consumer and exploited it ruthlessly. Even if a single person won in a court, it had not been automatically transferred to the other injured people who had to bring separate lawsuits.

Trend from America

For the first time the institution of class action appeared in the United States in 1938, where it successfully operates to this day. This solution also exists for years in many European Union countries, including Austria, France, Holland, Spain, Germany, Italy, Sweden and the UK. By introducing the law on class action, Poland joins the current trend in European legislation to seek solutions for the effective vindication of claims of a mass character.

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