Disputes with developers, insurers, banks and the state treasury.
The collective action is brought by a representative of the group (min. 10 persons), who is represented by an attorney-at-law, a district (municipal) consumer ombudsman or a Financial Ombudsman (depending on the case subject).
There are both opt-in and opt-out actions.
The opt-in action is admissible until the expiry of the time limit (1 – 3 months) specified by the court in the notice of commencement of group proceedings.
The opt-out action is admissible until the decision on the composition of the group becomes final.
Currently there is no list of qualified entities who can bring an action.
It depends on what type of action is brought as to what type of relief can be claimed. Punitive damages are not available.
A district (municipal) consumer ombudsman or a Financial Ombudsman can bring a collective action on behalf of the represented group (only as a representative of the group). Cross-border actions are permitted.
Although permitted this does not happen in practice.
There are strict rules. The fee is generally funded by the group bringing the action. The fee in group proceedings is half of the fee in “ordinary” proceedings and depends on the amountin dispute – it is between PLN 100 and PLN 200,000.
Only consumer groups can advertise. Law firms are not allowed to advertise.
Settlements are made under the usual rules of the court.
The Collective Redress Directive must be implemented in all EU member states by 25 December 2022. To find out more about the current progress of implementation of the Directive in this jurisdiction click here.