Mass claims across borders: a deep dive into Poland and Belgium

Following our publication of 15 January 2025 on the class actions regulations of the Netherlands, England & Wales, and Germany (see here), the present article aims at offering a focus on the collective redress action regime in the jurisdictions of Belgium and Poland, with a view to provide a clearer understanding of the differences between class action systems across EU Member States, as well as to highlight their respective advantages and drawbacks. 

Existing legal frameworks in Poland and Belgium have recently undergone several changes due to the enactment of the Directive on Representative Actions (EU) 2020/1828 of the European Parliament and Council of 25 November 2020 (“RAD”), which EU Member States had until 25 December 2022 to implement into their own national laws (see our Implementation Tracker for more details). The RAD aims to promote greater harmonisation of the systems put in place by the Member States, notably by providing an effective procedural mechanism that allows collective redress actions to be brought by so-called “Qualified Entities” (“QEs”) acting on behalf of groups of claimants harmed by unlawful practices which breach specific EU laws. 

Find out more about the collective redress action regime in Poland and Belgium below:

• Poland - the 2009 Act on Pursuing Claims in Group Proceedings and changes following the RAD
  
• Belgium - Main features of the legal framework and its amendments following the Act of 21 April 2024

Poland – the 2009 Act on Pursuing Claims in Group Proceedings

Prior to implementation of the RAD Poland already recognised class action proceedings by way of the Act on Pursuing Claims in Group Proceedings of 17 December 2009 (the “Act”). One of the key events that prompted this regulation was the 2006 Katowice Trade Hall roof collapse – the most tragic building collapse in modern Polish history. With 65 fatalities, this disaster underscored the need for an effective legal framework enabling large groups of victims to pursue their claims collectively. 

The fundamental purpose of class action proceedings is to consolidate the claims of multiple individuals who have suffered similar harm due to a single event into one unified legal process. This procedural mechanism enhances the effectiveness of judicial proceedings by streamlining case management, reducing litigation costs, and ensuring consistency in legal adjudication. Furthermore, class action cases often result in precedent-setting rulings, influencing judicial practice and statutory interpretation.

Group Formation and Representation

Under Polish law, a case qualifies as a class action if:

1. It involves at least 10 claimants.
   
2. The claims are of the same type and originate from a common factual basis.
   
3. The case falls within a specified category of disputes, including: 
4. damage caused by a defective or hazardous product, 
   
5. tort liability claims,
   
6. liability for non-performance or improper performance of contractual obligations,
   
7. claims arising from unjust enrichment,
   
8. consumer protection matters, including other cases (such as those concerning the recognition of practices infringing general consumer interests or claims arising from such practices).

In cases involving monetary claims, claimants must standardise the value of their claims, meaning all members of the group must seek an equal amount of compensation. It is possible to form subgroups, where each subgroup has a unified claim value, provided that each such subgroup consists of at least two members. Alternatively, instead of claiming a specific amount of compensation, claimants may seek only the establishment of liability. The issuance of a judgment “on the merits” in a group proceeding determines only the legitimacy of the claim. However, a separate proceeding is necessary to establish the amount of the claim (but usually in such cases the parties reach a settlement as the defendant is in a lost position). Notably, consumer claims are exempt from the standardisation requirement.

Class action proceedings in Poland follow the principle of representation, whereby a single representative initiates and conducts the lawsuit on behalf of the entire group. The group itself cannot independently bring a collective lawsuit: Only the designated representative holds the legal standing to file a claim.

The representative litigates in their own name but for the benefit of all group members, including their own claim, unless they act as a public consumer advocate (e.g., a Consumer Ombudsman or the Financial Ombudsman). A group representative may be:

1. a member of the group,
2. a municipal or district consumer ombudsman, or
3. the Financial Ombudsman.

Polish class actions operate on an opt-in basis. This means that individuals must explicitly declare their intention to join the lawsuit to be considered part of the claimant group. Upon recognising the case as a class action, the court issues a binding decision and orders a public announcement inviting potential claimants to join. This announcement is disseminated in a manner appropriate to the case, such as:

• Posting in the Public Information Bulletin of the competent court,
  
• Publication on the websites of the involved parties or their legal representatives,
  
• Placement in national or local press outlets.

After the court-designated deadline for joining expires, no further claimants may enter the proceeding. The defendant is then given no less than one month to challenge the inclusion of specific individuals. Subsequently, the court issues a final ruling defining the composition of the group, subject to complaint. Once this ruling becomes final, members may no longer withdraw from the group, except in cases where they object to a settlement approved by the court.

Costs and Duration of Class Action Proceedings

The filing fee for a class action lawsuit is half of the standard fee with the maximum cap of PLN 100,000 (approx. EUR 24,000). 

Defendants may request a security deposit if they demonstrate that the claim is manifestly unfounded and that failing to secure costs may hinder enforcement in the event of claim dismissal.

The deposit, which must be paid in cash, cannot exceed 20% of the claim’s value. If initial security is insufficient to…