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Is class action or actio popularis possible? (court claims or action in the name of a group)

Code:
RED15
Key Area:
Anti-discrimination Legislation & Implementation
Strand(s):
Discrimination, Equality
25/11/2011 - 19:49
Short Answer

Yes.

Qualitative Info

On 19 July 2010 the Act on Pursuing Claims in Group Proceedings came into force which introduces the institution of class action to Polish law. According to this Act a group of at least ten (natural or legal) persons can jointly pursue their claims in a so-called class action. This legal remedy allows a number of similar cases brought by different entities to be examined in a single civil proceeding. Its aim is to make the pursuing of claims by consumers more efficient and, at the same time decrease the costs of proceedings. The benefits for undertakings (possible defendants) include a decrease in costs and the possibility of solving similar disputes in one proceeding and by uniform decisions. However, the scope of application of the Act has been limited to claims in the following cases: consumer rights, product liability, acts in tort. Claims for the protection of personal interests cannot be pursued in group proceeding.

Groups affected/interested
Type (R/D)
Key socio-economic / Institutional Areas
External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU20100070044; http://www.cliffordchance.com/publicationviews/publications/2010/07/class_actions_inpoland.html
Situation(s)
Library