Poland - Collective redress already in force

Has your bank, real property developer or travel agency applied contractual clauses entered into the Register of Abusive Clauses? Has it exposed you to financial loss? Since 19th July, pursuing claims on such occasions may become easier as provisions regarding pursuing claims in group proceedings come into force.

The instrument of class action developed in the United States. The European Commission is also pointing out the need to introduce collective redress into the legislation of individual Member States. Such legislation is already binding in several EU Member States, including Austria, France, the Netherlands, Spain, the United Kingdom, Germany, Italy and Sweden. Since 19th July, when the Act on pursuing claims in group proceedings became effective, also Poles have enjoyed the right to file a group action.

Pursuant to the new law, class action will be possible for a group consisting of at least 10 persons, both consumers and undertakings. The new legislation shall cover claims concerning the violation of consumer rights, damage caused by dangerous products as well as torts, except for claims related to protection of personal rights, such as bodily harm or damage to reputation. In the event of finanacial claims, the amount required by each claimant must be identical.

For more information click here.