Class Action – an Analysis of the Relevant Regulations Through a Theoretical and Technical Prism after Four Years of its Operation
The article gives a reflective account of the institution of so-called class action under Polish law. This institution was introduced to the Polish civil procedure on July 19th, 2010 by the Act of December 17th, 2009 on pursuing claims in group proceedings (Dz. U. 2010, No. 7, pos. 44), the principal effect of which has been to make it possible to bring collective actions to Polish courts. Data presented in the article pertains to a period of almost four years: from July 19th, 2010 to June 30th, 2014. The article is divided into three parts. The first one comprises a theoretical overview of the characteristics of the Polish regulation of class action, with a particular emphasis on the purposes that the legislator wanted to achieve by introducing the institution, as stated e.g. in the explanatory statement to the bill. The second part of the article examines the statistical and practical dimensions of the institution in issue. Numerous examples of class actions brought before the Polish courts are laid out, with a selection of the most interesting final judgments, discussed in depth. The last fragment purports to offer a summary of the issue in question, drawing conclusions on the functioning of the institution of class action proceedings under Polish law. Appended to the conclusive remarks is an evaluation of advantages and disadvantages of the current regulation as well as recommendations of the requisite changes in the future.
 Debiak.pdf | 449 kB |
