Poland already has a collective action regime in place.

What is the most common type of collective action you are seeing?

Disputes with developers, insurers, banks and the state treasury.

What are the various ways a group could bring a collective action?

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 (providing the case subject)

• A recognised non-governmental organisation (authorised entity) can file the lawsuit and organise the group.
• The authorised entity must gather a group of at least 10 injured parties for claims seeking compensation.
• The Financial Ombudsman can also file representative actions.
• Cross-border actions can be brought by authorised entities from any EU Member State.

If collective actions are permitted, are these opt-in or opt-out actions?

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. Consumers must express their will to be included in the proceedings.

The opt-out action is admissible until the decision on the composition of the group becomes final.

Does the law currently provide for private collective actions by consumers? 

Currently there is no list of qualified entities who can bring an action.

If collective actions are permitted are the usual forms of relief permitted and can punitive damages be claimed?

It depends on what type of action is brought as to what type of relief can be claimed. Punitive damages are not available.  

Are bodies which represent consumers able to bring actions on their behalf? And if yes, can these bodies bring cross-border actions?

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).   

Authorised entities are non-profit organisations or authorities, registered by UOKiK or the European Commission on to file class action lawsuits on behalf of consumers. These entities must be independent, conduct consumer protection activities for at least 12 months, and can file both domestic and cross-border claims, provided the lawsuit aligns with their charter-mandated tasks and includes at least 10 injured parties for specific claims.  More information can be found here: Register of entities authorized to bring class actions

Cross-border actions are permitted.

Is third party funding of litigation permitted?

Although permitted this does not happen in practice.

Is litigation funding permitted for collective actions?

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 amount in dispute – it is between PLN 100 and PLN 200,000.

Are consumer groups and law firms allowed to advertise the collective actions they are running?

Only consumer groups can advertise. Law firms are not allowed to advertise.

Is there a formal mechanism to settle actions on a collective basis?

No deposits are required for these lawsuits, and consumers have the option to withdraw from the case if a settlement is reached and they are unhappy with the outcome. In such situations, the settlement does not apply to them, allowing consumers to either pursue an individual lawsuit or join a different class action.

If a trader loses a collective action does the law require the trader to publicise this?

Is there a penalty for non-compliance with a final decision issued in respect of a collective action?

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.